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KELLY v. HCI HEINZ CONST. CO.

No. 4-95-0612.

668 N.E.2d 596 (1996)

282 Ill. App.3d 36

218 Ill.Dec. 112

Joseph J. KELLY, Plaintiff-Appellant and Cross-Appellee, v. HCI HEINZ CONSTRUCTION COMPANY, Defendant-Appellee and Cross-Appellant, and Pleasant Ridge Masonry, Inc., Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided July 19, 1996.

Rehearing Denied August 19, 1996.

Attorney(s) appearing for the Case

Mark A. Schindler (argued), Peter F. Ferracuti, Law Offices of Peter F. Ferracuti, P.C., Ottawa, for Joseph J. Kelly.

James T. Foley (argued), Livingston, Barger, Brandt & Schroeder, Bloomington, for HCI Heinz Construction Company.

William F. Costigan (argued), John Casey Costigan, Costigan & Wollrab, P.C., Bloomington, for Pleasant Ridge Masonry, Inc.

Presiding Justice COOK delivered the opinion of the court:

Plaintiff, Joseph J. Kelly, a bricklayer, was injured when the scaffold on which he was working collapsed. Kelly brought suit against HCI Heinz Construction Company (Heinz), the general contractor, under the Structural Work Act (Act). 740 ILCS 150/0.01 et seq. (West 1992). Heinz in turn filed a third-party action against Kelly's employer, Opperman Construction Company (Opperman), the subcontractor in...

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