O’Gorman v. F.H. Paschen

Illinois Appellate Court
Civil Court
Construction Contracts
Citation
Case Number: 
2015 IL App (1st) 133472
Decision Date: 
Friday, March 20, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Plaintiff was injured while supervising a construction project at which Defendant company was operating as general contractor, and sued Defendant company on theory of common-law negligence. Court properly found that Defendant had not retained control over masonry subcontractor whose employees left a piece of wood with nail in it near roof hatch. Plaintiff stepped on nail and then fell through roof hatch. Defendant delegated duty for safety of work to subcontractor, and contract did not prohibit delegation.Defendant company did not retain control over subcontractor's conduct. In absence of evidence as to actual or constructive knowledge of subcontractor's allegedly unsafe work methods, no direct liability against Defendant, and thus court properly entered summary judgment for Defendant. (PALMER and McBRIDE, concurring.)