Dubrovich v. Commonwealth Edison Co.

568 N.E.2d 285, 209 Ill. App. 3d 498, 154 Ill. Dec. 285, 1991 Ill. App. LEXIS 124
CourtAppellate Court of Illinois
DecidedJanuary 31, 1991
Docket1-89-3229
StatusPublished
Cited by6 cases

This text of 568 N.E.2d 285 (Dubrovich v. Commonwealth Edison Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dubrovich v. Commonwealth Edison Co., 568 N.E.2d 285, 209 Ill. App. 3d 498, 154 Ill. Dec. 285, 1991 Ill. App. LEXIS 124 (Ill. Ct. App. 1991).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

Plaintiff Frank Dubrovich (plaintiff) filed suit under the Structural Work Act (the Act) (Ill. Rev. Stat. 1987, ch. 48, par. 60 et seg.) against an owner and various contractors (hereinafter collectively referred to as defendants) with respect to injuries plaintiff sustained at defendants’ worksite. The trial court entered summary judgment in defendants’ favor because it determined that plaintiff’s ascension of a makeshift ladder while carrying a box of bolts, in order to cross over a large pipe encumbering plaintiff’s work area, was not governed by the Act. Based upon our review of the record, we conclude that plaintiff’s actions at the time of his injury amounted to a structural work activity under the Act. Accordingly, we reverse and remand.

The record reveals the following pertinent facts, as stated in the plaintiff's deposition testimony submitted by defendants in support of their summary judgment motion. Plaintiff was injured in March 1983 while working as a pipefitter at the Braidwood Nuclear Power Station. Plaintiff’s duties were to mount and weld whip restraints onto imbedded steel plates located on the walls inside containment building No. 1 at the power station. The building had both an inner and outer wall, and the walls were approximately 30 to 40 feet apart from each other. Plaintiff’s work area was below ground level inside building No. 1 between the inner and outer walls. There was no underground flooring, and carpenters had placed unfinished plywood planks across steel beams to provide a footing for the work to be performed by plaintiff and other members of his crew. These planks were not secured to the steel beams upon which the planks had been laid.

A large pipe, approximately 36 to 42 inches in diameter, ran horizontally from the inner wall to the outer wall in the plaintiff’s work area. The plywood planks installed as flooring were not placed at the same level on the two sides of this pipe. On one side of the pipe, the planks were placed 18 inches below the bottom of the pipe. On the other side of the pipe, the plywood planks were placed a few feet above the bottom of the pipe. Because of this uneven configuration in the placement of the plywood planks, the pipe was approximately five feet higher than the planks on one side of the work area, and only a few feet higher than the planks on the opposite side of the work area.

In order to perform his various duties at the work area, plaintiff was required to traverse the pipe on numerous occasions throughout the day. To cross over from the side of the pipe where the planking was higher, plaintiff would use valves on the pipe as handholds and footholds. To cross over the pipe from the side where the planking was lower, plaintiff would climb a makeshift wooden ladder, constructed by carpenters at the site, that stood unsecured against the side of the pipe. The ladder was approximately five feet tall. Its sides consisted of plywood planks that were either 2 x 4 or 2 x 6, and it had wooden rungs as footholds. According to plaintiff, it was possible to go from one side of the pipe to the other only by scaling the pipe in this manner.

On the day of the plaintiff’s injury, plaintiff had reported for work and had been assigned to perform tasks at his work area. At some point during the work day, plaintiff had to cross over the pipe. Carrying a box of nuts and bolts, plaintiff began to ascend the ladder in order to scale the pipe. When plaintiff reached the third rung of the ladder, the ladder shifted and slid about one foot to the right across the unfinished plywood planking on which the ladder stood. Because of this shift, plaintiff slipped and hit his right knee on either the ladder or on the pipe. Plaintiff was able to reestablish his balance and continued over and down the pipe. He completed his duties for the remainder of the day. Thereafter, plaintiff’s knee injury worsened and required substantial medical treatment.

The trial court entered summary judgment in defendants’ favor on the ground that plaintiff’s use of the ladder at the time of his injury was not a protected activity under the Act. Plaintiff’s timely appeal followed.

Plaintiff argues that his actions when he was injured amounted to a hazardous activity on a support governed by section 1 of the Structural Work Act. This section states in pertinent part:

“All scaffolds, hoists, cranes, stays, ladders, supports, or other mechanical contrivances, erected or constructed *** for the use in the erection, repairing, alteration, removal or painting of any house, building, *** or other structure, shall be erected and constructed, in a safe, suitable and proper manner, and shall be so erected and constructed, placed and operated as to give proper and adequate protection to the life and limb of any person or persons employed or engaged thereon ***.” Ill. Rev. Stat. 1989, ch. 48, par. 60.

Although the Act should be liberally construed in order to carry out its intended purpose, the Act is not designed to govern all injuries that may occur at a construction site. Rather, the Act should be interpreted in order to provide protection to those injured at a construction site because of the particular hazards associated with the use of scaffolds and other similar types of support devices to perform one of the specific activities enumerated in the Act, i.e., the erection, repair, alteration, removal, or painting of a building or other similar structure (hereinafter collectively referred to as structural work activities). (Lafata v. Village of Lisle (1990), 137 Ill. 2d 347, 354, 561 N.E.2d 38; Meyer v. Caterpillar Tractor Co. (1990), 135 Ill. 2d 1, 7-8, 13-15, 552 N.E.2d 719.) The ultimate inquiry is whether the danger created by the worker’s elevation in the use of a support is the type of hazard the Act is intended to alleviate. (Lafata, 137 Ill. 2d at 357; Meyer, 135 Ill. 2d at 12-15; Vuletich v. United States Steel Corp. (1987), 117 Ill. 2d 417, 422-24, 512 N.E.2d 1223.) In this regard, the court takes into account all relevant circumstances surrounding the plaintiff’s activity at the time of his injury. Meyer, 135 Ill. 2d at 12-14.

The instant appeal does not present the question of whether plaintiff was engaged upon a “support” under the Act. The undisputed facts show that plaintiff was injured while climbing a ladder and that his injuries resulted from his doing so. (See Ashley v. Osman & Associates, Inc. (1983), 114 Ill. App. 3d 293, 297-98, 448 N.E.2d 1011 (factors pertaining to whether particular device is a “support” under the Act).) The case at bar presents the question of whether plaintiff was engaged in a structural work activity at the time of his injury. See, e.g., Long v. City of New Boston (1982), 91 Ill. 2d 456, 440 N.E.2d 625 (use of ladder to string lights for holiday decorations not structural work activity).

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Bluebook (online)
568 N.E.2d 285, 209 Ill. App. 3d 498, 154 Ill. Dec. 285, 1991 Ill. App. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dubrovich-v-commonwealth-edison-co-illappct-1991.