1 Defendants Jay J. Mastri and Jay’s HVAC, Inc. are not parties in this appeal.
January 11, 2007
TIMOTHY JOYCE, ) Appeal from
) the Circuit Court
Plaintiff-Appellant, ) of Cook County.
JAY J. MASTRI, JAY’S HVAC, INC., an )
Illinois Corporation, and MADISON SERVICES, INC., )
a Mississippi Corporation, ) Honorable
) Cheryl A. Starks,
Defendants-Appellees. ) Judge Presiding.
PRESIDING JUSTICE QUINN delivered the opinion of the court:
Plaintiff, Timothy Joyce, an employee of an independent contractor, suffered injuries
when he fell off a ladder at a construction site. Plaintiff filed a complaint at law with two counts
against defendant, Madison Services, Inc. (Madison Services), the general contractor of the site,
alleging common-law negligence. Plaintiff appeals from orders of the circuit court granting
summary judgment in defendant’s favor.1 Plaintiff contends that defendant had a duty to prevent
his injuries in light of its contract with plaintiff’s employer, its retention of control over certain
aspects of the construction site, its contract with the federal government and nondelegable duty to
comply with applicable safety regulations, and as the possessor of the land where his injury
occurred. For the following reasons, we affirm.