March 26, 2008
NOE CALDERON, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
RESIDENTIAL HOMES OF AMERICA, INC., )
and HEARTHSTONE, INC., ) The Honorable
) Elizabeth Budzinski,
Defendants-Appellees. ) Judge Presiding.
JUSTICE GREIMAN delivered the opinion of the court:
Plaintiff Noe Calderon appeals from a trial court order granting summary judgment in
favor of defendants Hearthstone, Inc. (Hearthstone), and Residential Homes of America, Inc.
(Residential Homes), on Calderon’s construction negligence claim, which he filed after
sustaining injuries while performing construction work in a housing development. On appeal,
Calderon disputes the trial court’s ruling, asserting that genuine issues of material fact exist
precluding summary judgment. Specifically, Calderon contends that genuine issues of material
fact exist as to whether Hearthstone and Residential Homes owed him a duty pursuant to section
414 of the Restatement (Second) of Torts (Restatement (Second) of Torts §414 (1965)), whether
they breached their duty, and whether his accident was caused by an open and obvious condition.
The following facts have been adduced from the pleadings, depositions, and affidavits
present in the record. On April 9, 2002, Residential Homes entered into a subcontract with Kap