Calloway v. Bovis Lend Lease, Inc. - Correction

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 112746
Decision Date: 
August 16, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
PALMER
Holding: 
Affirmed.
(Court opinion corrected 8/30/13.) After injury at construction site, Plaintiffs' case was submitted to the jury on a construction negligence theory based on section 414 of the Second Restatement of Torts. The issue of entrustment, like that of control, should be decided based upon whether the circumstances of each case show that the construction manager actually entrusted work to a subcontractor and not based upon a bright-line test such as whether the construction manager actually signed the contract with the subcontractor. Evidence supports jury's finding that manager entrusted work to subcontractor. (McBRIDE and HOWSE, concurring.)