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ONSEN v. COMMONWEALTH EDISON CO.

No. 3-93-0490.

634 N.E.2d 1113 (1994)

261 Ill. App.3d 271

199 Ill.Dec. 759

David ONSEN, Plaintiff-Appellant, v. COMMONWEALTH EDISON COMPANY, an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing May 24, 1994.

Attorney(s) appearing for the Case

Thomas E. Orr (argued), Law Office of Thomas E. Orr, Joliet, for David Onsen.

Thomas H. Fegan, Johnson & Bell, Ltd., Mindy Kallus (argued), Thomas J. Andrews, Steven F. Wittman, Johnson & Bell, Ltd., Chicago, for Commonwealth Edison Co.

MODIFIED ON DENIAL OF PETITION FOR REHEARING

Justice LYTTON delivered the opinion of the court:

This appeal presents the issue of whether an employer's failure to provide a hoist for the purpose of removing materials from a work site can provide the basis for a claim under the Structural Work Act (Act). (740 ILCS 150/0.01 et seq. (West 1992).) For reasons stated below, we find that it does and reverse the trial court's entry of summary judgment dismissing...

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