Hastings v. JEFCO Equipment Company, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121568
Decision Date: 
August 1, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
EPSTEIN
Holding: 
Reversed and remanded.
Ironworker was injured when load of steel beams being hoisted by crane fell from rigging onto Plaintiff at condominium construction site, and she asserted negligence and premises liability claims against general contractor, owner and manager, and steel fabricating company. Summary judgment was improper as questions of fact exist as to crane operator's status as a borrowed employee, including operator's ability to control the crane as he saw fit on date of accident, ability to discharge him and ability to substitute another employee to operate crane. Crane rental agreement's indemnification language does not operate to make operator an employee as a matter of law. (LAVIN and PUCINSKI, concurring.)