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DAVIS v. STATES DRYWALL AND PAINTING

No. 1-93-2069.

645 N.E.2d 304 (1994)

268 Ill.App.3d 704

206 Ill.Dec. 299

Denise Lee DAVIS, Plaintiff, v. STATES DRYWALL AND PAINTING, Portrait Homes-Chicago, Portrait Homes-Chicago, Inc., and L.I.C.-2, Inc., a Joint Venture, L.I.C.-2, Individually, and Pasquinelli Construction Co., Defendants. (Portrait Homes-Chicago, Inc., and L.I.C.-2, Inc., a Joint Venture, L.I.C.-2, Individually, and Pasquinelli Construction Co., Defendants and Counterplaintiffs-Appellees, States Drywall and Painting, Defendant and Counterdefendant-Appellant.)

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied January 13, 1995.

Attorney(s) appearing for the Case

Sandra Young, John P. O'Malley, D. Timothy McVey, Purchell & Wardrope, Chtd., Chicago, for cross-defendant, appellant States Drywall & Painting.

John D. Daniels, Robert T. Varney, Sanchez & Daniels, David A. Beck, Orner & Wasserman, Ltd., Chicago, for defendants, counter-plaintiffs, appellees.

Justice McNAMARA delivered the opinion of the court:

This case concerns the contribution claims which remain after the joint settlement of a personal injury action. The principal issue is whether Illinois' Structural Work Act (Ill. Rev.Stat.1991, ch. 48, par. 59.90 et seq.) has been preempted by the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq. (1988)).

On September 22, 1987, Denise Lee Davis filed a complaint...

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