Peoria, IL (309) 676-0591

Recent Developments in Construction Negligence: An Update of Complexities in Construction Negligence Litigation

IDC Quarterly Vol. 14, No. 2 (14.2.41)

Summary: This articles picks up where COMPLEXITIES left off in considering the disparate treatment of Section 414 of the Restatement (Second) of Torts in construction injury cases. It discusses three cases, Shaughnessy v. Skender Construction Co., 342 Ill. App. 3d 730 (2003); Martens v. MCL Construction Corp., 347 Ill. App. 3d 303 (2004); Moss v. Rowe Construction Co., 344 Ill. App. 3d 772 (2003), in determining whether “control” within the rule turns on the “contracts” between the parties or how the job was actually “run” or both. Read More