Prodanic v. Grossinger City Autocorp

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 110993
Decision Date: 
July 19, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
LAVIN
Holding: 
Affirmed.
Wrongful death action filed for driver/maintenance employee's death when overhead garage door opened while he was repairing it on premises of car dealership. Court properly granted summary judgment in favor of Defendant car dealership, as Decedent was a "borrowed employee" of dealership and thus Workers' Compensation Act was exclusive remedy. Dealership had the right to control the manner in which Decedent performed his work, had some control over his hours, and had authority to control the work itself. (FITZGERALD SMITH and PUCINSKI, concurring.)