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KOTECKI v. WALSH CONST. CO.

No. 1-01-0954.

776 N.E.2d 774 (2002)

333 Ill. App.3d 583

267 Ill.Dec. 402

Ronald KOTECKI, Plaintiff-Appellant, v. WALSH CONSTRUCTION COMPANY, and Home Depot, Inc., Defendants-Appellees (Bohemian-Kelleher Painting Company, Third Party Defendant).

Appellate Court of Illinois, First District, Second Division.

August 27, 2002.

Attorney(s) appearing for the Case

Stuart H. Galesburg, Chicago, for Appellant.

Mark E. Christensen and Kirsten Radler Waack, of Christensen & Ehret, Chicago, for Appellees.

Justice CAHILL delivered the opinion of the court:

Plaintiff appeals an order granting summary judgment for defendants Walsh Construction Company and Home Depot, Inc. Plaintiff argues that the trial court erred in granting summary judgment because section 414 of the Restatement (Second) of Torts (Restatement (Second) of Torts § 414 (1965)) and section 2 of the Premises Liability Act (the Act) (740 ILCS 130/2 (West 2000)) established a duty of care in this case...

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