Rogers v. West Construction Co.

Plaintiff appeals an order of the circuit court of McLean County granting summary judgment in favor of defendant on claims based upon common law negligence and the Structural Work Act (Act) (111. Rev. Stat. 1991, ch. 48, par. 59.90 et seq.). Plaintiff was injured while employed on a construction site. His employer N.E. Finch Company (Finch) was a subcontractor hired by defendant West Construction Company (West). On April 2, 1990, plaintiff was injured on the jobsite while unloading “H-beams” from a flatbed truck.

Plaintiff alleged that West, as general contractor, was under a duty to use due…