Onsen v. Commonwealth Edison Co.

This appeal presents the issue of whether an employer’s failure to provide a hoist for the purpose of removing materials from a work site can provide the basis for a claim under the Structural Work Act (Act) (740 ILCS 150/0.01 et seq. (West 1992)). For reasons stated below, we find that it does and reverse the trial court’s entry of summary judgment dismissing plaintiffs complaint and remand for further proceedings.

Plaintiff, David Onsen, was employed as a laborer for Morrison Construction Company. On March 26, 1988, Onsen was working on the renovation of the unit two nuclear reactor at the…