RANGEL v. BROOKHAVEN CONSTRUCTORS, INC.

No. 1-99-1031.

719 N.E.2d 174 (1999)

307 Ill. App.3d 835

241 Ill.Dec. 313

Martin RANGEL, Plaintiff-Appellant, v. BROOKHAVEN CONSTRUCTORS, INC., an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied October 25, 1999.


Attorney(s) appearing for the Case

Brian J. McManus, Thomas J. Loucks and Brian J. McManus, Jr., Brian J. McManus & Associates, Ltd., Chicago, for Appellant.

Williams & Montgomery Ltd., Chicago (Barry L. Kroll, David E. Neumeister, Gregory J. Bird and Lloyd E. Williams, Jr., of counsel), for Appellee.


Justice WOLFSON delivered the opinion of the court:

With the repeal of the Structural Work Act, a general contractor's liability for injury to an independent subcontractor's employee at a worksite will be based on common law negligence principles. Still, the question of who controls the work must be answered before it can be said a duty exists to use reasonable care.

In this case, we find the trial judge correctly determined the general contractor owed no...

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