LePretre v. Lend Lease Construction, Inc. 

Illinois Appellate Court
Civil Court
Duty of Care
Citation
Case Number: 
2017 IL App (1st) 162320
Decision Date: 
Monday, June 26, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
Connors

Plaintiff sued Defendant, the general contractor of a project, for injuries he sustained while working at the project’s construction site. Defendant filed a motion for summary judgment, and Court granted it, finding that Defendant owed no duty to Plaintiff. On appeal, Plaintiff argued that Court should not have granted Defendant’s motion, because (1) Defendant retained supervisory control of the safety of the work being performed, and (2) whether a general contractor retained sufficient supervisory control is a question of fact for the jury to decide. Court properly granted Defendant’s motion. The contract placed control of job safety with the sub-contractor, and Defendant’s general right to enforce safety did not amount to retained control for liability purposes. Additionally, the issue of a defendant’s retained control may be decided as a matter of law where the evidence is insufficient to create a factual question.