Burgess v. Pocrnich

On October 24, 1992, Mark Pocrnich, defendant, asked Claudie Burgess, plaintiff, to assist him in trimming a tree on defendant’s property because the tree’s branches were in close proximity to the utility line connected to defendant’s house. Plaintiff agreed. While using defendant’s ladder to do the trimming, plaintiff fell to the ground and was injured. Plaintiff filed an action for personal injury under the provisions of the Structural Work Act (740 ILCS 150/1 et seq. (West 1994) (repealed by Pub. Act 89 — 2, § 5, eff. February 14, 1995)). The court granted defendant’s motion under section…