Prewein v. Caterpillar Tractor Co.

108 Ill.2d 141 (1985)

Use of comparative fault defenses in Structural Work Act cases.

Ironworker brought suit against his employer alleging that his injuries were a direct result of violations of the Structural Work Act. The Circuit Court, Peoria County, Calvin R. Stone, P.J., granted plaintiff’s motion to strike an affirmative defense based on plaintiff’s negligence. The Appellate Court, 123 Ill.App.3d 687, 79 Ill.Dec. 23, 463 N.E.2d 161 affirmed, and employer appealed. That appeal was consolidated with an appeal from a decision of the Appellate Court which denied another plaintiff’s petition for leave to appeal from an order of the Circuit Court, Du Page County, denying his motion to strike a comparative fault defense asserted in his action alleging violations of the Structural Work Act. The Supreme Court, Ward, J., held that comparative negligence did not apply to conduct of plaintiffs bringing actions under Structural Work Act.  Read More

"The law is not an inflexible structure whose walls restrain progress. Rather, it needs to be nudged molded and shaped. An able advocate best represents his client by convincing the Courts of that fact."

John E. Cassidy. Sr. (1896-1984)
Firm Founder Illinois Attorney General (1938-1940)