Alaniz v. Schal Associates

529 N.E.2d 832 (1988)

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Alaniz v. Schal Associates

Illinois Appellate Court, Second District
529 N.E.2d 832 (1988)

SR

Facts

Horacio Alaniz (plaintiff) was injured while working as a roofer at a construction site managed by Schal Associates (defendant). Alaniz brought suit against Schal Associates to recover for his injuries under the Structural Work Act. Alaniz later amended his complaint to allege breach of contract against Thorne-McNulty Corporation (Thorne-McNulty) (defendant), alleging that he was an intended third-party beneficiary of a contract between Thorne-McNulty and Schal Associates. This contract required Thorne-McNulty, as a subcontractor, to maintain safety and loss prevention programs for all work performed by Thorne-McNulty and any of its subcontractors. Alaniz, who worked for a subcontractor of Thorne-McNulty’s, argued that Thorne-McNulty failed to maintain such safety programs in violation of its contract with Schal Associates and that this violation resulted in Alaniz’s injuries. Thorne-McNulty moved to dismiss and the circuit court granted its motion.

Rule of Law

Issue

Holding and Reasoning (Dunn, J.)

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