Lazenby v. Mark's Construction

State: Illinois

Docket No: 107192 Rel

Case Date: 01/22/2010

Preview:Docket No. 107192.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

WEDGE C. LAZENBY et al., Appellants, v. MARK'S CONSTRUCTION, INC., et al., Appellees. Opinion filed January 22, 2010.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION In the early morning hours of August 30, 2001, a fire broke out in the basement of a Park Ridge, Illinois, residence which was under construction. Firefighters Wedge C. Lazenby (Lazenby) and Derek R. Decker (Decker) (collectively hereinafter referred to as plaintiffs) responded to the fire. While attempting to locate the source of the fire, Lazenby fell through an unprotected floor opening to the cement basement below and was severely injured. Decker was injured when he fell from a ladder while attempting to rescue Lazenby. Plaintiffs filed suit in the circuit court of Cook County against Mark's Construction, Inc. (Mark's Construction), the general contractor working on the home.

The trial court entered summary judgment against Decker, finding that Mark's Construction had no duty to prevent Decker's injuries. Following a trial on Lazenby's claims, the trial court entered judgment on the jury's general verdict for Mark's Construction. Both plaintiffs appealed, and the appellate court affirmed the trial court's judgment. No. 1

Download Lazenby v. Mark's Construction.pdf