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MONDSCHEIN v. POWER CONST. CO.

No. 1-09-2278.

936 N.E.2d 1101 (2010)

John MONDSCHEIN and Carol Mondschein, Plaintiffs, v. POWER CONSTRUCTION COMPANY, Power Contracting and Engineering Corporation, Waukegan Steel Sales, Inc., Loyola University of Chicago, and Lindahl Brothers, Inc., Defendants (John Mondschein, as Assignee of Power Contracting and Engineering Corporation, Defendant and Third-Party Plaintiff-Appellee; Joliet Steel and Construction, Inc., Third-Party Defendant-Appellant).

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied October 25, 2010.

Attorney(s) appearing for the Case

Clifford W. Horwitz, Jay R. Luchsinger, Thomas A. Kelliher, Horwitz, Horwitz & Associates, Ltd., Chicago, IL, for Third-Party Plaintiff-Appellee.

Jill B. Lewis, The Law Offices of Francis J. Marasa, Ltd., Chicago, IL, for Third-Party Defendant-Appellant.

Justice THEIS delivered the opinion of the court:

This appeal arises out of an assignment of a third-party contribution action in connection with a construction site accident. In the underlying lawsuit, plaintiff, John Mondschein, an injured worker at the site, sued the general contractor, Power Contracting and Engineering Corporation (Power), among others, for negligence. Power then filed a third-party complaint for contribution against Mondschein's employer, Joliet...

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