Gomien v. Wear-Ever Aluminum, Inc.

This appeal raises the threshold issue of whether the motion of Wear-Ever Aluminum, Inc. to dismiss count II of the complaint was properly granted, and the further issue of when the owner of a business who enters into a contract with an independent contractor, is subject to liability for physical harm to third parties caused by failure to exercise reasonable care in contracting for services.

Count II of plaintiff’s amended complaint was dismissed by the circuit court of Peoria County upon the motion of defendant Wear-Ever, and the order of dismissal contained a finding that there was no just…