Acquaviva v. Sears Roebuck & Co.

Plaintiff appeals from an order striking his third amended complaint and dismissing the action as to all parties. The complaint is based solely upon alleged wilful violations of the Illinois Structural Work Act (Ill. Rev. Stat. 1975, ch. 48, pars. 60, 69), resulting in personal injuries to plaintiff.

The complaint alleges that plaintiff was the operator of a mortar mixing machine, situated at a building construction site, the functioning of which required plaintiff to climb on top of an empty wheelbarrow and place one foot on the mixer in order to pull down a four foot lever at the front of…