O'Malley v. McQuaig

Plaintiff, Girard G. O’Malley, appeals from an order of the circuit court granting summary judgment in favor of defendant, Harry W. Kuhn, Inc., on count III of plaintiff’s second amended complaint. Count III alleged that defendant violated “An Act to protect workers and the general public from injury or death during construction or repair of bridges and highways within the State of Illinois” (Ill. Rev. Stat. 1987, ch. 121, par. 314.1 et seq.), commonly referred to as the Road Construction Injuries Act (Act). On appeal, plaintiff contends that the trial court erred in finding the Act…