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MASSA v. HELMKAMP EXCAVAT. & TRUCK. CO.

No. 5-83-0457.

145 Ill. App.3d 60 (1986)

495 N.E.2d 648

ROBERT MASSA, Plaintiff-Appellee, v. G. HELMKAMP EXCAVATING & TRUCKING COMPANY et al., Defendants-Appellants (G. Helmkamp Excavating & Trucking Company, Third-Party Plaintiff and Counterplaintiff and Appellee; C.D. Peters Construction Company, Third-Party Defendant and Appellant; L.B. Foster Company, Counterdefendant and Appellant).

Appellate Court of Illinois — Fifth District.

Opinion filed July 8, 1986.

Attorney(s) appearing for the Case

William G. Kaseberg, of Edwardsville, and Burton C. Bernard, of Bernard & Davidson, of Granite City, for appellant L.B. Foster Company, Inc.

Thomas W. Alvey, Jr., and James P. Leonard, both of Pope & Driemeyer, of Belleville, for appellant C.D. Peters Construction Company.

Donald J. Dahlmann and James C. Cook, both of Walker & Williams, P.C., of Belleville, for appellant G. Helmkamp Excavating & Trucking Company.

Edward J. Kionka, of Kionka & Associates, of Murphysboro, for appellee Robert Massa.

Walker & Williams, P.C., of Belleville (Donald J. Dahlmann, James C. Cook, and Anthony L. Martin, of counsel), for appellee G. Helmkamp Excavating & Trucking Company.

Reversed in part, and reversed and remanded in part.

JUSTICE CADAGIN delivered the opinion of the court:

Plaintiff, Robert Massa (Massa), an employee of C.D. Peters Construction Company (Peters), commenced this action in the circuit court of Madison County to recover damages for personal injuries suffered in a fall at a construction site owned by A.O. Smith Corporation (Smith).

Smith acted as its own...

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