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PEREZ v. SUNBELT RENTALS, INC.

Nos. 2-11-0382, 2-11-0486.

968 N.E.2d 1082 (2012)

360 Ill. Dec. 329

Geronimo PEREZ, Plaintiff and Counterdefendant-Appellant, v. SUNBELT RENTALS, INC., CJ Lebreck, LLC, and Oshkosh Truck Corporation, Defendants (Mikols Construction, Inc., and KBS Electric, Inc., Defendants and Third-Party Plaintiffs and Counterplaintiffs and Counterdefendants; JLG Industries, Inc., Defendant and Third-Party Plaintiff and Counterdefendant-Appellee; Daniel J. Loy, Dan's Painting and Decorating, Inc., and Victor Cardenas, Third-Party Defendants).

Appellate Court of Illinois, Second District.

April 9, 2012.

Attorney(s) appearing for the Case

Thomas J. Fedick and Lyndsay A. Markley , Harman & Fedick, Ltd., and Michael W. Rathsack , Law Offices of Michael W. Rathsack, Chicago, for appellant.

P. Scott Ritchie , Clausen Miller, P.C., Chicago, and Anthony J. Colucci III and Marybeth Priore , Colucci & Gallaher, P.C., Buffalo, New York, for appellee JLG Industries, Inc.

OPINION

Justice SCHOSTOK delivered the judgment of the court, with opinion.

¶ 1 Plaintiff, Geronimo Perez, appeals from the trial court's grant of summary judgment in favor of defendant, JLG Industries, Inc. (JLG). On appeal, plaintiff contends that the trial court erred in granting JLG's motion for summary judgment, because a genuine issue of material fact exists regarding whether the removal of the guard gate of the scissor lift from which plaintiff...

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