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DOWNS v. STEEL AND CRAFT BUILDERS, INC.

No. 2-04-0996.

831 N.E.2d 92 (2005)

Richard DOWNS, Plaintiff-Appellant, v. STEEL AND CRAFT BUILDERS, INC., Defendant and Third-Party Plaintiff-Appellee (Tri-County Properties, Defendant and Third-Party Plaintiff; P & M Water and Sewer, Inc., Third-Party Defendant).

Appellate Court of Illinois, Second District.

June 22, 2005.

Attorney(s) appearing for the Case

Lloyd E. Dyer Jr., Mountcastle, Kelly & Dyer, P.C., Wheaton, for Richard Downs.

Lawrence M. Lulich, Wolf & Wolfe, Ltd., Chicago, for Steel & Craft Builders, Inc. Anthony V. Fanone, Pollina, Grant & Gentry, Downers Grove, for Tri-County Properties.

James C. Barrow, Rusin, Patton, Maciorowski & Friedman, Ltd., Chicago, for P & M Water & Sewer, Inc.

Justice BYRNE delivered the opinion of the court:

Plaintiff, Richard Downs, an employee of an independent contractor, suffered serious injuries when a trench collapsed at a construction site. Plaintiff sued defendant, Steel and Craft Builders, Inc., the general contractor of the site, alleging common-law negligence. The circuit court granted summary judgment in defendant's favor. Plaintiff appeals the judgment, arguing that defendant had a duty to prevent his injuries...

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