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Appellate Court of Illinois· 8/27/2002

Kotecki v. Walsh Construction Co.

Citations

  • 776 N.E.2d 774
  • 333 Ill. App. 3d 583
  • 267 Ill. Dec. 402
  • 2002 Ill. App. LEXIS 753

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the plaintiff “offered no evidence or argument that he made a reasonable decision to deliberately encounter an obvious danger”
  • finding no evidence of control by the general contractor where the plaintiff’s employer controlled the manner in which he completed his assignment, provided the supplies, and coordinated his assignments
  • no duty to plaintiff established based on general contractor’s reservation in contract of general right to supervision, which did not refer to a right to direct the specific work of the independent contractor
  • “Plaintiff points to no facts to show that Walsh and Home Depot retained an amount of supervision such that plaintiff, a painting subcontractor, was not free to complete the work in his own way.”
  • distraction due to presence of multiple workers on the jobsite does not fall within the ambit of section 343A because the imposition of a duty to guard against such a “distraction” would completely ignore the reality of construction industry
  • no duty to plaintiff established based on general contractor's reservation in contract of general right to supervision, which did not refer to a right to direct the specific work of the independent contractor

Source: CourtListener parenthetical corpus (CC0).

Judges: Cahill

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases named Kotecki v. Walsh Construction Co.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.