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WILKERSON v. PAUL H. SCHWENDENER, INC.

No. 1-06-2653.

884 N.E.2d 208 (2008)

John WILKERSON, Plaintiff-Appellant, v. PAUL H. SCHWENDENER, INC., Defendant-Appellee and Third-Party Plaintiff (Monarch Construction Company, Third-Party Defendant).

Appellate Court of Illinois, First District, First Division.

February 11, 2008.

Attorney(s) appearing for the Case

Kristen, Dunne, Daniel H. Streckert and Christopher Hughes of Goldberg, Weisman & Cairo, Ltd., Chicago, for Appellant.

Thomas B. Orlando, Robert T. Boylan and Brian T. Parsons of Foran Glennon Palandech & Ponzi PC, Chicago, for Appellee.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiff John Wilkerson appeals a trial court order granting summary judgment to defendant Paul H. Schwendener, Inc., on his complaint to recover from a construction site injury. Plaintiff maintains genuine issues of material fact exist with regard to whether: (1) defendant retained enough control over plaintiff's work to trigger a duty under section 414 of the Restatement (Second) of Torts (Restatement...

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