Fitzpatrick v. Perry Drugs Co.

The plaintiff, Walton Fitzpatrick, filed a complaint under the Structural Work Act (Ill. Rev. Stat. 1983, ch. 48, par. 60 et seq.) (the Act) for personal injuries against the owner of the work site, the defendant, Perry Drugs Company (Perry). The trial judge granted the defendant’s motion for summary judgment on the ground that the record showed, as a matter of law, that the defendant was not in charge of the work as required by section 9 of the Act. Ill. Rev. Stat. 1983, ch. 48, par. 69.

Perry owned a building at 95th and Damen in Chicago that was to be remodeled into one of its retail…