Cutuk v. Hayes/Gallardo, Inc.

Pursuant to the Structural Work Act (the Act) (Ill. Rev. Stat. 1987, ch. 48, par. 60 et seq.) the plaintiff, Harry Cutuk, filed this action against Hayes/Gallardo, Inc., and other defendants. Hayes/Gallardo (defendant) moved for summary judgment, based upon the fact that Cutuk was a sole proprietor. The trial court denied defendant’s motion for summary judgment, but certified the following question to the reviewing court: “Is a sole proprietor a protected person within the meaning of the Structural Work Act where the defendant had some control and/or supervision over the sole proprietor?” The…