[DOWNLOAD] "Navlyt v. Kalinich" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Navlyt v. Kalinich
- Author : Supreme Court of Illinois
- Release Date : January 30, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The circuit court of Du Page County allowed the motion of the defendant, Paul T. Kalinich, to strike the amended complaint filed by Mary Navlyt, individually and as mother and next friend of three minor plaintiffs, and entered judgment in favor of defendant. Plaintiffs appealed, the appellate court reversed the judgment and remanded the cause (Navlyt v. Kalinich, 125 Ill. App.2d 290), and we have allowed defendant's petition for leave to appeal. The amended complaint alleged that defendant owned a certain parcel of real estate on which he was erecting two brick residences; that he was acting as his own general contractor and was in charge of the construction within the meaning of section 9 of the Structural Work Act (Ill. Rev. Stat. 1967, ch. 48, par. 69); that a sewer system was being installed as an integral part of the structures being erected; that in the course of installing the sewer system, and while working in a trench 10 to 12 feet in depth and 2 to 3 feet wide, Joseph Navlyt, husband of plaintiff, Mary Navlyt, and father of the minor plaintiffs, was killed as the result of the collapse of a portion of one of the walls of the trench. The amended complaint, inter alia, alleged that in violation of the Structural Work Act defendant failed to provide or erect safe, suitable and proper stays, supports, shorings or other mechanical contrivances in the trench in which the deceased was working.