Illinois Appellate Court
Civil Court
Workers' Compensation
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.)