Latronica v. Commonwealth Edison Co., 171 Ill. App. 3d 202

524 N.E.2d 1186 (Ill. App. Ct. 1988) · Appellate Court of Illinois, First District, First Division · May 31, 1988 · No. No. 87-3043

Summary

The Illinois Appellate Court affirmed dismissal of a Structural Work Act claim brought by a drill-rig operator who fell while descending from the rig. The court held that the rig's platform was not a statutory "support" because it was used solely for ingress and egress rather than as a support for performing construction work. The court also held that the alleged slip-and-fall was not the type of extrahazardous activity contemplated by the Act and upheld denial of leave to amend.

Holdings

  1. The truck platform did not constitute a support within the meaning of the Structural Work Act because, at the time of the injury, it was being used as a pathway for ingress and egress rather than as a support from which plaintiff performed construction work.
  2. The alleged slip and fall while stepping down from the drill rig was a routine, nondangerous ingress-or-egress activity, not an extrahazardous construction activity within the intended scope of the Structural Work Act.
  3. The trial court properly dismissed the Structural Work Act count and denied leave to file an amended count.

Questions Presented

  1. Whether the platform of a truck-mounted drill rig constituted a "support" within the meaning of the Illinois Structural Work Act when the plaintiff was using it to climb onto or off of the rig.
  2. Whether the alleged slip and fall while stepping down from the drill rig involved the type of extrahazardous construction activity protected by the Structural Work Act.
  3. Whether dismissal of the Structural Work Act count and denial of leave to amend were proper.

Disposition

affirmed

Cases Cited (13)

  • Vuletich v. United States Steel Corp., 117 Ill. 2d 417, 512 N.E.2d 1223 (1987)(followed)
  • Carnevale v. Inland Ryerson Building Systems, 169 Ill. App. 3d 740 (1988)(followed)
  • McNellis v. Combustion Engineering, Inc., 58 Ill. 2d 146, 319 N.E.2d 573 (1974)(followed)
  • Herman v. Swisher, 115 Ill. App. 3d 179, 450 N.E.2d 28 (1983)(followed)
  • Choi v. Commonwealth Edison Co., 129 Ill. App. 3d 878, 473 N.E.2d 385 (1984)(followed)
  • Hall v. Canady, 149 Ill. App. 3d 544, 500 N.E.2d 689 (1986)(followed)
  • Page v. Corley Cos., 131 Ill. App. 3d 56, 475 N.E.2d 57 (1985)(followed)
  • Acquaviva v. Sears Roebuck & Co., 68 Ill. App. 3d 588, 386 N.E.2d 381 (1979)(distinguished)
  • Crafton v. Lester B. Knight & Associates, Inc., 46 Ill. 2d 533, 263 N.E.2d 817 (1970)(followed)
  • Prange v. Kamar Construction Corp., 109 Ill. App. 3d 1125, 441 N.E.2d 889 (1982)(distinguished)

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