Konieczny v. Kamin Builders, Inc.

The plaintiff in this action arising under the Structural Work Act (the Act) (740 ILCS 150/9 (West 1992)), James T. Konieczny, appeals the circuit court’s denial of his motion for judgment notwithstanding the verdict or a new trial. We must decide the following question: Did the circuit court erroneously deny the defendant a fair trial because: (1) the evidence presented at trial so overwhelmingly proved a wilful violation of the Act that the circuit court should have found the defendant liable as a matter of law and, therefore, granted the plaintiff s motion for directed verdict; and (2) the…