SCHMIDT v. MILBURN BROS., INC.

No. 1-97-1353.

694 N.E.2d 624 (1998)

296 Ill. App.3d 260

230 Ill.Dec. 655

Herbert R. SCHMIDT and Stellette Schmidt, Plaintiffs-Appellants, v. MILBURN BROTHERS, INC. and Eric Agase, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

April 30, 1998.


Attorney(s) appearing for the Case

Robert A. Clifford, Jeffrey J. Kroll, Robert P. Sheridan, of counsel, Clifford Law Offices, Chicago, for Plaintiffs-Appellants.

Kevin M. Weldon, of counsel, Broderick, Steiger & Zupancic, Chicago, for Defendants-Appellees.


Justice WOLFSON delivered the opinion of the court:

The issue in this case is whether Herbert R. Schmidt's personal injury action is barred by the exclusive remedy provision of the Workers' Compensation Act.

To answer the question we are required to determine whether two separate and independent corporations should be regarded as joint employers, or whether the two corporations were engaged in a joint enterprise at the time Schmidt was injured. If the answer...

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