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Aguirre v. Turner Construction Co.

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ARGUED JUNE 2, 2009

Before POSNER, RIPPLE, and KANNE, Circuit Judges.

This is a tort suit brought in federal district court under the diversity jurisdiction by a bricklayer (and his wife, who is claiming loss of consortium). It is governed, so far as the substantive issues are concerned, by Illinois law. The plaintiff was seriously injured when he fell off a scaffold while working on the renovation of Soldier Field, the big Chicago athletic stadium. His employer was the A.L.L. Masonry company, but his suit is not against his employer-against which he could seek a remedy only under workers’ compensation law. It is against four corporations that, leagued in a joint venture called TBMK, were the general contractors for the renovation. A.L.L. Masonry was one of TBMK’s subcontractors. For simplicity, we shall pretend that the bricklayer is the only plaintiff and the joint venture the only defendant.

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