Brooks v. Dean Berenz Asphalt Co., Inc.

Plaintiff appeals from the allowance of a motion for summary judgment in favor of the defendant. The defendant is a paving contractor and was charged with negligence in creating and maintaining a deep and dangerous excavation at an intersection of a street which the defendant was in the process of repaving. Defendant’s contract was with the State of Illinois, Division of Highways.

The wrongful conduct alleged by plaintiff consisted in defendant’s failure to erect or maintain devices that would warn members of the public of the excavation in question. This allegation was expressed in the…