Van Dekerkhov v. City of Herrin

The plaintiff, Gustave Van Dekerkhov, brought this action under the Structural Work Act (Ill.Rev.Stat. 1969, ch. 48, pars. 60 — 69) against the defendant, the City of Herrin. The circuit court of Williamson County granted the defendant’s motion to dismiss the complaint for failure to state a cause of action, and also granted the plaintiff leave to file an amended complaint within 60 days. The plaintiff, however, elected to stand on his complaint, and judgment was entered for the defendant. The Appellate Court, Fifth District, reversed and remanded, with one judge dissenting (130 Ill.App.2d…