Sojka v. Bovis Lend Lease, Inc., No. 11-2747 (7th Cir. 2012)
Annotate this CaseIn 2008, Sojka was working on the upper floors of the Chicago Trump Tower construction project, trying to repair a steel cable that held safety netting around the upper floors of the project when the wind knocked him back and a piece of metal struck his eye, causing severe injuries. Although Sojka was wearing safety glasses at the time, they apparently did not fit his face properly. He sued the construction manager, which moved for summary judgment on the ground that it did not owe Sojka any duty of care to provide a safe workplace, and that even if it did it had not breached such a duty because it had no knowledge that the safety glasses were inadequate to prevent the injury. Sojka failed to address this argument in his response and the court granted the motion. The Seventh Circuit reversed. Although the court was correct that Sojka conceded the eyewear point by failing to respond, it took too narrow a view of Sojka’s case. His response addressed several other ways in which defendant’s negligence allegedly caused his injuries. A dispute of material fact remains on those theories.
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