Tracy v. Montgomery Ward & Co.

Plaintiff timely filed a tort action alleging defendants breached the Structural Work Act (Act) (Ill. Rev. Stat. 1987, ch. 48, par. 60 et seq.), proximately causing injury to his back. The circuit court of McLean County granted defendants’ motions for summary judgment and dismissed plaintiff’s complaint with prejudice. Plaintiff appeals. We affirm the judgment of the circuit court.

Defendant HCI Heinz Construction, Inc. (HCI), was general contractor in the construction of a shopping mall in Normal, Illinois. Clifford Kaufman and Sons Construction Company (Kaufman), a subcontrator involved in…