Harvel v. City of Johnston City

JUSTICE HEIPLE,

also dissenting:

I respectfully dissent from the majority opinion in this case for the simple reason that it usurps the legislative function of the General Assembly under the guise of judicial interpretation. That is to say, it takes a legislative pronouncement which is clear-cut, declares it to be ambiguous and then offers a judicial definition that is preferred by the court. I object to this methodology.

The dispute in this case is whether the spouse of an injured party may maintain a claim for loss of consortium under the Structural Work Act. (Ill. Rev. Stat. 1987, ch. 48,…