Wartenberg v. Dubin, Dubin & Moutoussamy

Plaintiff, Thomas H. Wartenberg (hereinafter Wartenberg), brought an action under the Structural Work Act (111. Rev. Stat. 1991, ch. 48, par. 69) in the circuit court of Cook County against defendant, the architectural firm of Dubin, Dubin and Moutoussamy (hereinafter Dubin), to recover damages for injuries he sustained while working on the Merchandise Mart "el” platform in Chicago.

Dubin filed a motion for summary judgment asserting that it was not in charge of the work and that it did not owe Wartenberg a duty of care. The trial court granted the motion, finding that Dubin was not in charge…