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MILLER v. ARCHER-DANIELS-MIDLAND CO.

No. 4-93-0756.

634 N.E.2d 1108 (1994)

261 Ill. App.3d 872

199 Ill.Dec. 754

David K. MILLER and Marsha Miller, Plaintiffs-Appellants, v. ARCHER-DANIELS-MIDLAND COMPANY et al., Defendants-Appellees (Archer-Daniels-Midland Company, a foreign corporation, Third-Party Plaintiff; R & R General Contractors, Inc., Third-Party Defendant).

Appellate Court of Illinois, Fourth District.

Decided May 25, 1994.

Attorney(s) appearing for the Case

David J. Kupets (argued), Becker, Baizer & Rapoport, Highland Park, for plaintiffs-appellants.

Jerrold H. Stocks (argued), Glen A Featherstun, Winters, Prince, Featherstun, Johnson & Gaumer, Decatur, for Archer-Daniels-Midland.

Karen L. Kendall, Adrian E. Harless (argued), Heyl, Royster, Voelker & Allen, Springfield, for Tri-R, Inc.

Justice STEIGMANN delivered the opinion of the court:

In August 1991, David and Marsha Miller filed their initial complaint against defendants, Archer-Daniels-Midland Company (ADM) and All Tri-R, Inc. (Tri-R), based on common law negligence and the Structural Work Act (Act) (Ill.Rev.Stat.1989, ch. 48, pars. 60 through 69) to recover damages sustained when David Miller (Miller) fell through a man lift opening. After plaintiffs filed an amended complaint, the trial...

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