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Dictation Text
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"Who was in
charge? That is the principal question in this action. On September
14, 1989, plaintiff Brett Payne, while employed by Wilson
Construction, was injured when some dirt from a ditch he was working
in collapsed. He filed suit in the Circuit court of Jackson County
against May Excavation Company, alleging in one count a violation of
the Structural Work Act, and common law negligence in a second count.
Based on the deposition testimony of several witnesses, the Circuit
Court granted defendant's motion for summary judgment on both counts.
The Appellate Court, with one justice dissenting, reversed in an
unpublished order pursuant to Supreme Court Rule 23. We granted the
defendant's petition for leave to appeal." |
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