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TRANSCONTINENTAL INS. v. NATIONAL UNION

No. 1-94-2274.

662 N.E.2d 500 (1996)

278 Ill. App.3d 357

214 Ill.Dec. 934

TRANSCONTINENTAL INSURANCE COMPANY, an Illinois Corporation, in its own right and as Subrogee of Kennedy Homes, Ltd., Plaintiff-Appellant, Cross-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Defendant-Appellee, Cross-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied March 18, 1996.

Attorney(s) appearing for the Case

John D. Kuhn of Brinton & Fedota, Chicago, for Appellant.

Claussen, Miller, Gorman, Caffrey & Witous P.C., Chicago (James T. Ferrini, Mary F. Stafford, Nick Alexander and Imelda Terrazino, of counsel), for Appellee.

Justice EGAN delivered the opinion of the court:

In May 1979, Kennedy Homes, Ltd., and Mohawk Construction entered into a contract under which Mohawk was to perform cement work as a subcontractor for a construction project for which Kennedy was a contractor. In April 1990, an employee of Mohawk, Desry Sykes, was injured at the construction site when he fell from a scaffold that collapsed. He filed a complaint against Kennedy and others, not including Mohawk, and alleged...

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