Emberton v. State Farm Mutual Automobile Insurance

MR. JUSTICE DOOLEY,

specially concurring:

I agree with the judgment of the court and the persuasive opinion of Mr. Justice Goldenhersh.

In my opinion, it would facilitate the work of the nisi prius and appellate courts in this State if we overruled McGovern v. Standish (1976), 65 Ill. 2d 54, a nomine. It is contrary to the language of the Structural Work Act (Ill. Rev. Stat. 1971, ch. 48, pars. 60—69), as well as a large body of decisions of this court on the issue as to what constitutes “in charge of.” See McInerney v. Hasbrook Construction Co. (1975), 62 Ill. 2d 93, 99-102; Voss v. Kingdon &…