Marquez v. Martorina Family, LLC

Illinois Appellate Court
Civil Court
Workers Compensation
Citation
Case Number: 
2016 IL App (1st) 153233
Decision Date: 
Friday, June 17, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
HOFFMAN

Plaintiff filed suit for injuries he suffered while assisting in roof repairs on a commercial building. Plaintiff filed workers compensation claim against his employer, but not against general contractor (Defendant here). Plaintiff never asserted, in his workers compensation claim, that he was injured while acting as employee of general contractor, other than in caption of settlement contract. Court erred in granting summary judgment for Defendant, as genuine issue of fact exists as to whether Plaintiff was a borrowed employee in service of Defendant at time of injury.  (ROCHFORD and DELORT, concurring.)