Juenger v. Bucyrus-Erie Company

JUERGENS, Chief Judge.

MEMORANDUM AND ORDER

Defendant Bucyrus-Erie Company moves to dismiss Counts V, VII, IX and X, and defendant Walter Palmer moves to dismiss Count VIII of the complaint. Each motion is premised on failure to state a claim upon which relief can be granted.

Count V is based on the Structural Work Act of the State of Illinois, namely, Section 60-69, Chapter 48, Illinois Revised Statutes. This Act, commonly referred to as the “Scaffolding Act,” provides in pertinent parts as follows:

“All scaffolds, hoists, cranes, stays, ladders, supports, or other mechanical contrivances,…