Randich v. Pirtano Const. Co., Inc.

This appeal arises from the dismissal of the amended complaint filed by plaintiff, Todd Randieh, against defendants, Pirtano Construction Company, Inc. (Pirtano), and Utility Constructors, Inc. (Utility), alleging negligence and willful and wanton misconduct. We affirm in part, reverse in part, and remand.

The trial court dismissed plaintiffs amended complaint under section 2 — 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 619(a)(9) (West 2000)). Accordingly, the well-pleaded facts from the amended complaint are accepted as true. Zimmerman v. Fasco Mills Co., 302 Ill. App. 3d…