American States Insurance v. A.J. Maggio Co.

This negligence claim was brought by plaintiff, American States Insurance Company, as subrogee of Homestead Electric Company (Homestead), pursuant to section 5(b) of the Workers’ Compensation Act (Ill. Rev. Stat. 1989, ch. 48, par. 138.5(b)). Plaintiff insurer brought the action against defendant, A.J. Maggio Company, Inc., to recover $20,783.75 in damages sustained when defendant, a general contractor, allegedly failed to provide a reasonably safe workplace for Homestead’s employee according to defendant’s contract with Homestead, one of its subcontractors.

The complaint alleged that…