Kobus v. Formfit Co. - Supreme Court of Illinois

Kobus v. Formfit Co.

By Supreme Court of Illinois

  • Release Date - Published: 1966-09-23
  • Book Genre: Law
  • Author: Supreme Court of Illinois
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Kobus v. Formfit Co. Supreme Court of Illinois read online review & book description:

Plaintiff, Bruno Kobus, filed an action to recover damages for personal injuries allegedly occasioned by a wilful violation of the Illinois Structural Work Act (Ill. Rev. Stat. 1961, chap. 48, pars. 60-69), commonly referred to as the Scaffold Act. The complaint joined as defendant The Formfit Company, owner of the premises where the construction and the alleged injuries occurred, C.W. Johnson, a heating contractor, and Roberts-Lang-Gray, Inc., a mason contractor. Summary judgments were entered for all defendants. Appeal was taken as to the owner of the premises only. The Appellate Court, First District, affirmed with one judge dissenting. (56 Ill. App.2d 449.) Plaintiff's petition for leave to appeal to this court was granted. The question in this case is whether, under the Scaffold Act, an owner of premises may be liable for injuries resulting in a fall from a scaffold which is unsafe where the owner did not himself erect the scaffold, but did act as his own general contractor on the project, engaged an architect who selected the various contractors and who co-ordinated the work being done, and by contract reserved the right to make alterations or corrections in the work and the right of supervision. This concerns specifically the meaning of section 9 of the act which provides liability of ""Any owner * * * having charge of"" construction, repairing, alteration, removal or painting of any building or other structure.

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