(Download) "Davis v. Commonwealth Edison Co." by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Davis v. Commonwealth Edison Co.
- Author : Supreme Court of Illinois
- Release Date : January 26, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Rehearing denied November 21, 1975. On August 15, 1972, the plaintiff, Gary Davis, a steel worker, was injured while working at a restaurant construction site in Prospect Heights. He suffered severe burns and shock when the boom of a crane, which was located in an area adjacent to where he was working, came into contact with electrical transmission wires. The plaintiff filed a complaint in the circuit court of Cook County naming 17 defendants, including the architect, Bonesz, Maas & Buccola (hereafter Bonesz), and the general contractor, J.A. Boulton & Co. (Boulton). The complaint alleged that Bonesz and Boulton, inter alia, violated the Illinois Structural Work Act (Ill. Rev. Stat. 1971, ch. 48, pars. 60 through 69) through their faulty erection, operation and placement of the crane. The defendant Bonesz brought a cross-complaint against Boulton, and other defendants, seeking indemnity from Boulton for any judgment which might be gotten against Bonesz on the plaintiff's complaint. In count II of the cross-complaint, Bonesz claimed a right to indemnification from Boulton, based on a contractual provision that obligated Boulton to pay all claims or judgments for any injuries, whether caused by Bonesz's negligence or not, arising out of the construction of the restaurant, including all claims or judgments under the Illinois Structural Work Act. Boulton moved to be dismissed from the cross-complaint, arguing that the indemnity agreement set out in count II was void as against public policy because of an Act in relation to indemnity in certain contracts making void any agreement indemnifying one against his own negligence in construction contracts. Section 1 of the statute provides:
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