section 414 decisions incorporate comment c (Illinois) · Go Syfert
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section 414 decisions incorporate comment c in Illinois

7 Illinois opinions name it 2 courts 2003–2017 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Herzog v. Lexington Townshipgreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017See Herzog v. Lexington Township, 167 Ill. 2d 288, 300-01 (1995) (explaining that evidence of subsequent remedial measures is not admissible for proving prior negligence but is admissible for other purposes, including establishing control or ownership); Maggi v. RAS Development, Inc., 2011 IL App (1st) 091955, ¶ 72 (citing Herzog for same proposition).

2016See Herzog v. Lexington Township, 167 Ill. 2d 288, 300-01 (1995) (explaining that evidence of subsequent remedial measures is not admissible for proving prior negligence but is admissible for other purposes, including establishing control or ownership); Maggi v. RAS Development, Inc., 2011 IL App (1st) 091955, ¶ 72 (citing Herzog for same proposition).

22
Maggi v. RAS Development, Inc.green
illappct · 2011 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017See Herzog v. Lexington Township, 167 Ill. 2d 288, 300-01 (1995) (explaining that evidence of subsequent remedial measures is not admissible for proving prior negligence but is admissible for other purposes, including establishing control or ownership); Maggi v. RAS Development, Inc., 2011 IL App (1st) 091955, ¶ 72 (citing Herzog for same proposition).

2016See Herzog v. Lexington Township, 167 Ill. 2d 288, 300-01 (1995) (explaining that evidence of subsequent remedial measures is not admissible for proving prior negligence but is admissible for other purposes, including establishing control or ownership); Maggi v. RAS Development, Inc., 2011 IL App (1st) 091955, ¶ 72 (citing Herzog for same proposition).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Martens v. MCL Construction Corp. green
illappct · 2004
2 sentences

2014Martens, 347 Ill.

2014Martens, 347 Ill.

22014–2014
Bieruta v. Klein Creek Corp. green
illappct · 2002
2 sentences

2003Those cases have found: “[E]ven where the employer or general contractor retains the right to inspect the work done, orders changes to the specifications and plans, and ensures that safety precautions are observed and the work is done in a safe manner, no liability will be imposed on the employer or general contractor unless the evidence shows the employer or general contractor retained control over the ‘incidental aspects’ of the independent contractor’s work.” Bieruta v. Klein Creek Corp., 331 Ill.

2003Those cases have found that, "even where the employer or general contractor retains the right to inspect the work done, orders changes to the specifications and plans, and ensures that safety precautions are observed and the work is done in a safe manner, no liability will be imposed on the employer or general contractor unless the evidence shows the employer or general contractor retained control over the 'incidental aspects' of the independent contractor's work." Bieruta v. Klein Creek Corp. , 331 Ill.

22003–2003
Shaughnessy v. Skender Construction Co. green
illappct · 2003
1 sentence

2004Shaughnessy , 342 Ill.

12004–2004
Ross v. Dae Julie, Inc. green
illappct · 2003
1 sentence

2004Ross , 341 Ill.

12004–2004

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1005 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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