Pestka v. Town of Fort Sheridan Company

              First Division
January 22, 2007
No. 1-04-2674
EDWARD PESTKA and BETTY L. PESTKA,
Plaintiffs-Appellants,
v.
TOWN OF FORT SHERIDAN COMPANY, L.L.C., an
Illinois Corporation, TOWN OF FORT SHERIDAN
OPERATING COMPANY, L.L.C., WOLF
MANAGEMENT SERVICES, INC.,
ENVIRONMENTAL QUALITY MANAGEMENT,
INC., and PEARSON, BROWN AND ASSOCIATES,
INC.,
Defendants-Appellees
(Midwest Rail and Dismantling, Inc., a Foreign
Corporation Doing Business in Illinois,
Defendant).
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Appeal from
the Circuit Court
of Cook County
02 L 11906
Honorable
William Maddux,
Judge Presiding.
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Appellants Edward and Betty Pestka (the Pestkas) brought a construction negligence
action against Town of Fort Sheridan Company, L.L.C. (TFSC), and Midwest Rail and
Dismantling, Inc. (Midwest), seeking damages for injuries sustained on the job by Edward, a truck
driver, and for Betty's loss of consortium. The Pestkas later filed an amended complaint in which
they added Town of Fort Sheridan Operating Company, L.L.C. (TFSOC), Wolf Management
Services, Inc. (Wolf), Environmental Quality Management, Inc. (Environmental), and Pearson,
Brown & Associates, Inc. (Pearson), as additional defendants. The trial court dismissed the
additional defendants with prejudice because the Pestkas failed to seek leave of court before filing