Docket No. 107192.
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
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Karmeier concurred in the judgment and 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.