Sharp v. Gallagher

Plaintiff, Russell Dean Sharp, appeals from an order of the circuit court of Cook County dismissing with prejudice his two-count action brought against defendants, Robert Gallagher and Daniel Henry, individually and doing business as Orchard Hill Building Company.1 On appeal, plaintiff contends the trial court erred in granting defendants’ motion to dismiss on the grounds that section 5(a) of the Workmen’s Compensation Act (Ill. Rev. Stat. 1977, ch. 48, par. 138.5 (a)) barred both counts of the cause of action.

We reverse and remand.

Count I of plaintiff’s amended complaint is based on the…