Gomez v. Bovis Lend Lease, Inc.

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2013 IL App (1st) 130568
Decision Date: 
Tuesday, December 24, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
(Court opinion corrected 2/27/14.) Construction worker, during construction of Trump Tower, was injured when plywood board covering infill, upon which he stepped broke, sending him from eighty-sixth floor to deck of eighty-fifth floor. Contract is ambiguous as subcontractor’s duty as to infills is open to differing interpretations. Extrinsic evidence as to previous dealings and parties’ performance may be used to interpret contract, even though contract has integration clause. (NEVILLE and MASON, concurring.)