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DEIBERT v. BAUER BROTHERS CONST. CO.

No. 5-85-0489.

145 Ill. App.3d 915 (1986)

495 N.E.2d 1348

CLARENCE DEIBERT, Plaintiff-Appellant, v. BAUER BROTHERS CONSTRUCTION COMPANY, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed July 23, 1986.

Attorney(s) appearing for the Case

Cook, Shevlin, Keefe & Chatham, Ltd., of Belleville (Bruce N. Cook, of counsel), for appellant.

John F. O'Connell, of Belleville, for appellee Bauer Brothers Construction Company.

Judgment affirmed.

JUSTICE JONES delivered the opinion of the court:

Plaintiff, Clarence Deibert, brought this action to recover damages under the Structural Work Act (Ill. Rev. Stat. 1985, ch. 48, par. 60 et seq.) for personal injuries he sustained from falling in a tire rut while working on the construction of a building in Belleville. The trial court granted defendant's motion for summary judgment from which the plaintiff in this case appeals.

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