December 29, 2008
NATIVIDAD F. GARCIA, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
WOOTON CONSTRUCTION, LTD., a )
Corporation; ) No. 04 L 8684
(Smithfield Properties Development,)
L.L.C., a Limited Liability ) The Honorable
Company; Harris Management, Ltd., ) Kathy M. Flanagan,
a Corporation; and Zalk Josephs ) Judge Presiding.
Fabricators, L.L.C., a Limited )
Liability Company, Defendants). )
JUSTICE GARCIA delivered the opinion of the court.
The plaintiff in this construction negligence case,
Natividad Garcia, injured his back while employed by JP Cullen &
Sons, an ironworking subcontractor, doing work on a condominium
project. The plaintiff appeals the grant of summary judgment in
favor of the defendant, Wooton Construction, Ltd., the general
contractor of the project. We are presented with two questions:
(1) whether Wooton retained sufficient control over the work by
Cullen to impose a duty of reasonable care under section 414 of