United States Seventh Circuit

In a suit over injuries plaintiff suffered after falling from scaffolding at a construction site, summary judgment for defendants is reversed and remanded where: 1) the general contractor retained sufficient control over the safety of scaffolding design and construction to give rise to a duty of reasonable care under section 414 of the Restatement; and 2) joint control over the scaffolding design and construction is not a bar to the application of res ipsa loquitur, thus there was a genuine issue of material fact as to both elements of res ipsa loquitur.

Appellate Information

• Argued 11/06/2006
• Decided 09/07/2007
• Published 09/07/2007

Judges

• SYKES, Circuit Judge., Before RIPPLE, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Glen J. Dunn, Jr., Milo W. Lundblad, argued, Brustin & Lundblad, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Byron D. Knight, argued, Knight, Hoppe, Kurnik & Knight, Des Plaines, IL, for Defendants-Appellees.