Lee v. Six Flags Themes Parks, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 130771
Decision Date: 
May 9, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
REYES
Holding: 
Affirmed.
Plaintiff filed suit for wrongful death and survival claims based on theories of construction negligence and premises liability. Decedent, a heavy equipment mechanic, fell 43 feet to his death during project of dismantling steel structure amusement ride. Degree of contractual control, by itself, does not establish genuine issue of material fact as to retained control. Evidence as to any form of control was insufficient to raise genuine issue of material fact on issue of vicarious liability, direct liability, or premises liability of amusement park. (ROCHFORD and LAMPKIN, concurring.)