Gill v. Parcable, Inc.

485 N.E.2d 1215, 138 Ill. App. 3d 409, 93 Ill. Dec. 5, 1985 Ill. App. LEXIS 2696
CourtAppellate Court of Illinois
DecidedNovember 13, 1985
Docket5-84-0604
StatusPublished
Cited by10 cases

This text of 485 N.E.2d 1215 (Gill v. Parcable, Inc.) 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
Gill v. Parcable, Inc., 485 N.E.2d 1215, 138 Ill. App. 3d 409, 93 Ill. Dec. 5, 1985 Ill. App. LEXIS 2696 (Ill. Ct. App. 1985).

Opinion

JUSTICE EARNS

delivered the opinion of the court;

Plaintiffs, Benjamin and Sandra Gill, appeal from the dismissal of their complaint brought pursuant to the Illinois Structural Work Act (Ill. Rev. Stat. 1983, ch. 48, par. 60 et seq.). For our consideration in the question of whether the facts alleged by plaintiffs state a cause of action under the Act.

Plaintiff’s decedent was their son, Lonnie Joe Gill, who was injured and died in the course of his employment with Communication Systems Construction, Inc. (CSC). CSC had been engaged by defendant, ParCable, Inc., to install the outside and inside wiring necessary for the installation of a cable television system at the high school of defendant, Edwards County Community School District No. One, as part of a system being installed in the city of Albion. The school district had asked that the service wiring be brought in through the east side of the school building. In order to facilitate this request, the decedent was required to affix fasteners to nearby utility poles which were to be used to secure and attach the cable television line so that it could be extended into the building. To attach the fasteners, the decedent stood on a platform comprised of the two utility poles across which a horizontal board had been situated. Sitting on the board were three electricity transformers housing high voltage uninsulated wires. The platform, poles, and transformers were owned and maintained by Central Illinois Public Service Company (CIPS), who had an agreement with ParCable whereby the cable company was permitted use of the utility poles for the purpose of erecting and maintaining its various cable television systems. While the decedent performed his assigned task, he came into contact with a highly charged electrical wire extending from one of the transformers. Fatal injuries resulted.

Plaintiffs’ amended count II sought damages against the cable company, the school district, and the utility company, alleging that each of them violated the provisions of section one of the Structural Work Act. (111. Rev. Stat. 1983, ch. 48, par. 60.) The trial court dismissed the action against all three defendants. CIPS is not a party to this appeal for reasons we need not address in this opinion.

The elements which must be pleaded and proved in an action brought under the Structural Work Act were recently enumerated in Kochan v. Commonwealth Edison Co. (1984), 123 Ill. App. 3d 844, 463 N.E.2d 921. Applied to the instant case, the plaintiffs must allege that: (1) the decedent was engaged in or was passing under or by a structural activity; (2) the activity was being performed with reference to a structure; (3) a scaffold or other mechanical device was being used; (4) a defect existed in the construction or use of the device; (5) the defect proximately caused the decedent’s injuries; (6) the defendants had charge of the work being performed; and (7) the defendants wilfully violated the Act’s safety standard. (123 Ill. App. 3d 844, 848, 463 N.E.2d 921, 924.) In its order of dismissal, the trial court ruled that plaintiffs had not stated a cause of action, but it did not articulate the precise basis on which the complaint failed. It is suggested by the defendants in their answer brief that the decedent was not engaged in work on a structure, that the defendants were not in charge of his work, and that no defect existed in the platform which caused the injury and death of plaintiffs’ son.

The Structural Work Act should be liberally interpreted in order to effectuate its purpose of protecting persons engaged in ex-trahazardous occupations listed in the Act. (McNellis v. Combustion Engineering, Inc. (1974), 58 Ill. 2d 146, 317 N.E.2d 573; St. John v. City of Naperville (1982), 108 Ill. App. 3d 519, 439 N.E.2d 12.) Plaintiffs have stressed this principle and urge that a liberal construction would sustain their cause of action. However, the Act is not intended to include any and all construction activities or all injuries at or near a construction site (108 Ill. App. 3d 519, 522, 439 N.E.2d 12, 14), and we conclude on the facts pleaded here that the Act does not encompass the activity or injury described by plaintiffs. Moreover, despite plaintiffs’ contrary assertion, recent decisions of the supreme court do not give the Act the expansive construction sought in the instant case. See Innis v. Elmhurst Dodge, Inc. (1985), 107 Ill. 2d 151, 481 N.E.2d 709.

Section 1 of the Act provides for the proper erection and construction of “all scaffolds, hoists, cranes, stays, ladders, supports, or other mechanical contrivances, *** for the use in the erection, repairing, alteration, removal, or painting of any house, building, bridge, viaduct, or other structure ***.” (Ill. Rev. Stat. 1983, ch. 48, par. 60.) Initially, we must decide whether the construction of a cable television system is a structural activity within the meaning of the statutory term. Plaintiffs argue that because the decedent was fastening permanent wires to the utility pole, he was engaged in a structural activity.

It has never been decided by an Illinois court whether an individual utility pole is a structure. In Wood v. Commonwealth Edison Co. (N.D. Ill. 1972), 343 F. Supp. 1270, the Federal district court held that a wooden utility pole in conjunction with its crossbeams and wires was a structure for purposes of the Act. We are inclined to reject such broad statutory construction, and, in any event, do not find Wood persuasive on the facts alleged here. The plaintiff in Wood was injured as he fell from a pole to which he was stringing additional wire, and thus involved in an alteration of the pole itself as part of a structure for the transmission of electricity. In the instant case, the decedent’s task was unrelated to the pole as part of a structural system of electricity.

Our review of the Illinois cases which have adopted a flexible approach towards defining “structural activity” has led us to conclude that it is generally because the work involved was integrated into a larger system or scheme of construction. For example, in Navlyt v. Kalinich (1970), 125 Ill. App. 2d 290, 360 N.E.2d 855, aff’d (1972), 53 Ill. 2d 137, 290 N.E.2d 219, plaintiffs’ decedent was killed when standing in a deep trench which collapsed while he was installing sewer tile in connection with the construction of defendant’s townhouses. The court held that because the sewer system was an integral part of the buildings under construction, the decedent was involved in a structural activity and had therefore stated a cause of action under the Structural Work Act.

Similarly, in Simmons v. Union Electric Co. (1984), 104 Ill. 2d 444, 473 N.E.2d 946

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Bluebook (online)
485 N.E.2d 1215, 138 Ill. App. 3d 409, 93 Ill. Dec. 5, 1985 Ill. App. LEXIS 2696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gill-v-parcable-inc-illappct-1985.