Calderon v. Residential Homes of America, Inc.

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-1740 Rel

Case Date: 03/26/2008

Preview:THIRD DIVISION March 26, 2008 No. 1-07-1740

NOE CALDERON, Plaintiff-Appellant, v. RESIDENTIAL HOMES OF AMERICA, INC., and HEARTHSTONE, INC., Defendants-Appellees.

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Appeal from the Circuit Court of Cook County.

No.04L13401 The Honorable Elizabeth Budzinski, Judge Presiding.

JUSTICE GREIMAN delivered the opinion of the court: Plaintiff Noe Calderon appeals from a trial court order granting summary judgment in favor of defendants Hearthstone, Inc. (Hearthstone), and Residential Homes of America, Inc. (Residential Homes), on Calderon's construction negligence claim, which he filed after sustaining injuries while performing construction work in a housing development. On appeal, Calderon disputes the trial court's ruling, asserting that genuine issues of material fact exist precluding summary judgment. Specifically, Calderon contends that genuine issues of material fact exist as to whether Hearthstone and Residential Homes owed him a duty pursuant to section 414 of the Restatement (Second) of Torts (Restatement (Second) of Torts

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