Moiseyev v. Rot's Building and Development Inc.

State: Illinois

Court: 3rd District Appellate

Docket No: 3-05-0761 Rel

Case Date: 11/17/2006

Preview:No. 3--05--0761 ______________________________________________________________________________ Filed December 21, 2006. IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2006 ) ) ) Plaintiff-Appellant, ) ) v. ) ) ROT'S BUILDING AND DEVELOPMENT) INC., a Corporation; and KEITH A. ROT, ) Individually, ) ) Defendants-Appellees. ) YEVGENIY MOISEYEV, Appeal from the Circuit Court for the 12th Judicial Circuit Will County, Illinois No. 02-L-285

Honorable Amy M. Bertani-Tomczak Judge, Presiding.

______________________________________________________________________________ JUSTICE CARTER delivered the opinion of the court: ______________________________________________________________________________ Plaintiff Yevgeniy Moiseyev sued defendants Rot's Building Development and Keith A. Rot, for construction negligence based on an injury arising out of a fall from a scaffold on a house that Moiseyev was working on. Plaintiff's employer, OSI Construction, was the subcontractor and Rot was the general contractor. The trial court granted defendants' motion for summary judgment as plaintiff could not show that defendants had the requisite control over the subcontractor's work that would create the necessary duty of care to render defendants liable for plaintiff's injuries. Plaintiff then filed a motion to reconsider the summary judgment and a motion for leave to amend his complaint to include a new count of premises liability. The trial court denied both motions and plaintiff now appeals.

FACTS On November 30, 1995, Yevgeniy Moiseyev was employed as a plasterer by OSI Construction, Inc. (hereineafter OSI), when he fell from a scaffold on a jobsite and was injured. OSI had been hired as a subcontractor to apply the exterior finish to the outside of a house being constructed by Rot Building and Development, Inc. (hereinafter RBD), the general contractor. Plaintiff sued RBD and sued individually its owner/president, Keith A. Rot, on whose Naperville residence plaintiff was working at the time of his fall. The original complaint, filed in 1997, was dismissed in August 2001 and refiled on May 22, 2002. The 2002 complaint mirrored the original. The 2002 complaint alleged two counts of common law negligence under section 414 of the Restatement (Second) of Torts (Restatement (Second) of Torts

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