Moss v. Rowe Construction Co.
Case Date: 12/18/2003
Court: 4th District Appellate
Docket No: 4-03-0004 Rel
NO. 4-03-0004 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT
JUSTICE MYERSCOUGH delivered the opinion of the court: In December 2002, the trial court entered summaryjudgment for defendant on plaintiff's single-count complaint innegligence. Plaintiff appeals. We reverse and remand. I. BACKGROUND On February 15, 1999, plaintiff's decedent, John E.Moss, was killed while working as an employee for subcontractorLaesch Electric, Inc. (Laesch). Laesch was under contract toRowe Construction Company (Rowe) to remove traffic controldevices and foundations and install new ones as part of Rowe'scontract with the State of Illinois, Department of Transportation(IDOT) for improvements to Veterans Parkway in Normal. Under the general contract between IDOT and Rowe, Rowewas required to maintain control of safety on the project: "Article VIII. Safety: Accident Prevention: 1. In the performance of this contractthe contractor shall comply with all applicable [f]ederal, [s]tate, and local laws governing safety, health, and sanitation (23 CFR[ |