Nicole Milos secures favorable ruling in the Illinois Appellate Court in a construction case limiting damages pursuant to Kotecki v. Cyclops Welding

Attorneys
Nicole D. Milos
 

The Illinois Appellate Court, First District affirmed rulings Ms. Milos obtained through motion practice in favor of a subcontractor seeking to avail itself to the protection afforded by Kotecki v. Cyclops Welding. The plaintiff was injured while working for a subcontractor, third party defendant.  The plaintiff filed suit against the general contractor who, in turn, filed a third party action against the subcontractor, employer.  The work was performed pursuant to a contract.  Mr. Milos argued that Estate of Willis v. Kiferbaum Constr. Corp., 357 Ill. App. 3d 1002 (1st Dist. 2005) decision was controlling.  Analogous to Kiferbaum, there was a lack of explicit waiver language in the subcontract between the general contractor and the subcontractor; therefore, there was no Kotecki waiver.  The appellate court agreed and affirmed the rulings entered by the trial court.  The subcontractor’s liability without Kotecki protection would have exceeded $1 million.