Lawry's the Prime Rib, Inc. v. Metropolitan Sanitary District

Plaintiffs, the owners and occupiers of property located at 100 East Ontario Street, Chicago, filed a 23-count complaint seeking damages for structural damage to their property which allegedly resulted from excavation on adjoining property located at 101 East Erie, Chicago (the Erie property). Three counts of the complaint were directed at Wiss, Janney, Elstner & Associates, Inc. (hereinafter defendant). On defendant’s motion, the trial court granted it summary judgment on count IX of plaintiff’s complaint, which alleged a cause of action under “An Act to prescribe the duty of an owner or…