Plaintiff filed negligence action against railroad, after he suffered below-the-knee severing of both legs in accident when he was assisting company which railroad hired to removed an abandoned railroad bridge. Circuit court properly granted summary judgment for railroad. No issue of fact exists as to whether railroad company retained control necessary to trigger potential for liability under Section 414 of Restatement (Second) of Torts; it did not retain such control, according to four corners of contract with company hired to do bridge removal which was free to do the work in its own way. Defendant railroad company's mere presence at job site, without more, is insufficient evidence of retained control under Section 414. Employee is not a "third person" to whom duty in Section 411 applies, ad Plaintiff was in a position to protect himself against risks involved in bridge removal. Court properly granted summary judgment for Defendant on premises liability claim, as record affirmatively shows that Defendant did not build or use bridge and did not possess plans for bridge. (GARMAN, FREEMAN, THOMAS, KARMEIER, and BURKE, concurring; KILBRIDE, dissenting.)
Illinois Supreme Court
Civil Court
Railroad Negligence