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McINERNEY v. HASBROOK CONSTRUCTION CO.

No. 56352.

16 Ill. App.3d 464 (1973)

306 N.E.2d 619

THOMAS McINERNEY, Plaintiff-Appellant, v. HASBROOK CONSTRUCTION COMPANY, Defendant-Appellee and Separate Appellant — (UNIVERSAL PAINTING CONTRACTORS, INC., Third-Party Defendant and Separate Appellee.)

Appellate Court of Illinois — First District (4th Division).

Rehearing denied January 23, 1974.

Attorney(s) appearing for the Case

Horwitz, Anesi, Ozmon & Associates, Ltd. of Chicago (Nat P. Ozmon and Dario A. Garibaldi, of counsel), for appellant.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Michel A. Coccia, and Michael P. Connelly, of counsel), for separate appellant.

John T. Kennedy, of Querry, Harrow, Gulanick & Kennedy, of Chicago, for separate appellee.

Affirmed in part and reversed in part.

Mr. PRESIDING JUSTICE BURMAN delivered the opinion of the court:

The plaintiff, Thomas McInerney, is a painter. He brought this action against the Hasbrook Construction Company (Hasbrook), a general contractor, on the grounds of a wilful violation of the Structural Work Act (Ill. Rev. Stat. 1969, ch. 48, par. 60 et seq.) and negligence to recover damages for injuries sustained when the ladder upon which he was...

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