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MOSS v. ROWE CONST. CO.

No. 4-03-0004.

801 N.E.2d 612 (2003)

344 Ill. App.3d 772

279 Ill.Dec. 938

John L. MOSS, Independent Administrator of the Estate of John E. Moss, Deceased, Plaintiff-Appellant, v. ROWE CONSTRUCTION COMPANY, a/k/a Cullinan & Son, Inc., a Delaware Corporation, Defendant-Appellee (Laesch Electric, Inc., Third-Party Defendant).

Appellate Court of Illinois, Fourth District.

Decided December 18, 2003.

Attorney(s) appearing for the Case

Larry E. Weisman (argued), Kirsten M. Dunne, Goldberg, Weisman & Cairo, Ltd., Chicago, for John L. Moss.

Evan H. Johnson (argued), Robert C. Bollinger, Erickson Davis Murphy Johnson Griffith & Walsh Ltd., Decatur, for Rowe Construction Company.

Francis J. Marasa, Jill B. Lewis, The Law Offices of Francis J. Marasa, Ltd., Chicago, for Laesch Electric, Inc.

Curt N. Rodin, Ehren V. Bilshausen, Anesi, Ozmon, Rodin, Novak & Kohen, Ltd., Chicago, for Amicus Curiae, Trial Lawyers Association.

Justice MYERSCOUGH delivered the opinion of the court:

In December 2002, the trial court entered summary judgment for defendant on plaintiff's single-count complaint in negligence. Plaintiff appeals. We reverse and remand.

I. BACKGROUND

On February 15, 1999, plaintiff's decedent, John E. Moss, was killed while working as an employee for subcontractor Laesch Electric, Inc. (Laesch). Laesch was under contract to Rowe Construction Company (Rowe) to...

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