[DOWNLOAD] "Cox v. Lumbermens Mutual Casualty Co." by Illinois Appellate Court — First District (3Rd Division) Judgments Affirmed ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cox v. Lumbermens Mutual Casualty Co.
- Author : Illinois Appellate Court — First District (3Rd Division) Judgments Affirmed
- Release Date : January 11, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Plaintiffs, Robert Cox, Americo Pasquale, and Mitchell Falco, brought separate actions against defendant Lumbermens Mutual Casualty Company for personal injuries sustained on May 18, 1978, when they fell from a scaffold while working at a construction site. One count of each complaint alleged that Lumbermens was in charge of the work in progress at the site and that it wilfully violated the Structural Work Act (Ill. Rev. Stat. 1979, ch. 48, pars. 60-68), by failing to erect safe, suitable and proper scaffolds or other temporary support for plaintiffs' protection. The other count charged negligence. Lumbermens filed a third-party complaint in three counts against plaintiffs' employer W.E. O'Neil Construction Company, seeking in count II contractual indemnification for any liability it might have to plaintiffs as a result of the principal action. The trial court granted O'Neil's motions to dismiss count II in each third-party complaint, and Lumbermens appeals. The three appeals have been consolidated. Prior to May 18, 1978, Lumbermens and O'Neil contracted that O'Neil would act as contractor and construct the building project in question. Lumbermens alleged in count II of its third-party complaint that the alleged injury to plaintiffs was caused, not by any active negligence on its part, but by the negligence or omissions of O'Neil. The portion of the contract between Lumbermens and O'Neil on which Lumbermens bases it claim for contractual indemnity provides in pertinent part: