Preview
Hearing Date: No hearing scheduled
Location: <>
Judge: Calendar, B
FILED
7/24/2023 4:14 PM
3048448 – GTR/ad FirmIRIS
I.D.Y.#42907
MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 2021L000061
FILED DATE: 7/24/2023 4:14 PM 2021L000061
COUNTY DEPARTMENT, LAW DIVISION Calendar, B
23664907
LINDA WANTUCH and )
FIRST MIDWEST BANK, as Co-Independent )
Executors for the Estate of RONALD WANTUCH, )
)
Plaintiffs, )
v. ) Case No. 2021-L-000061
)
BURLING BUILDERS, INC., an Illinois ) Hon. Gerald Cleary
Corporation, et al., ) Calendar B
)
Defendants. )
BURLING BUILDERS, INC’S
MOTION FOR SUMMARY JUDGMENT
NOW COMES Defendant Burling Builders, Inc. (“BBI”), by and through its attorneys of
Fabyanske, Westra, Hart & Thomson, PA, and Amundsen Davis LLC, and pursuant to 735 ILCS
5/2-1005 Moves for Summary Judgment in its favor and against Plaintiffs. BBI further Moves
that an Order for Summary Judgment be entered with a finding that there is no just reason for the
delay of enforcement or appeal of said Order pursuant to Supreme Court Rule 304(a), and for
whatever other relief this Court deems just and necessary. In support thereof, BBI states as
follows:
1. This matter is arises out Wrongful Death and Survival actions. A copy of the Second
Amended Complaint is attached as Exhibit 1. Plaintiffs allege, generally, that the decedent,
Ronald Wantuch, contracted COVID-19 at the Great Lakes Coca Cola bottling facility (“the
Facility”). Wantuch was an employee of Coca Cola. Plaintiffs allege that Defendant BBI was
performing construction work during March and April of 2020 at the Facility, and that BBI, as
general contractor owed certain duties to Wantuch to prevent his eventual infection with
COVID-19. Plaintiffs allege that BBI breached those duties, ultimately causing or contributing
to Decedent’s contraction of COVID-19 in or around April 20, 2020, and his ultimate death on
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May 9, 2020. BBI has filed an Answer denying all material allegations and asserting certain
Affirmative Defenses. A copy of the Answer and Affirmative Defenses is attached hereto as
Exhibit 2.
2. As the Court is aware it previously held that Plaintiffs had properly alleged the
element of “duty”. At this juncture in the litigation, however, Plaintiffs have not offered any
evidence to support their burden in establishing a triable issue of fact on proximate cause. There
is no evidence substantiating where, from whom, and when exactly Wantuch contracted COVID-
19 or that any negligent acts by BBI caused the contraction. As such, as a matter of law,
Plaintiffs’ cause of action fails and summary judgment is required.
3. “A defendant may, at any time, move with or without supporting affidavits for a
summary judgment in his or her favor as to all or any part of the relief sought against him or
her.” 735 ILCS 5/2-1005(b) (West 2020). "The judgment sought shall be rendered without delay
if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that the moving party is entitled to a
judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2020). "The purpose of summary
judgment is not to try a question of fact, but rather to determine whether a genuine issue of
material fact exists." Adams v. Northern Illinois Gas Co., 211 Ill.2d 32, 42-43 (2004). "The use
of the summary judgment procedure is encouraged as an aid to expedite the disposition of a
lawsuit; however, it is a drastic means of disposing of litigation and should be allowed only
when the right of the moving party is clear and free from doubt." Hayward v. C.H. Robinson Co.,
2014 IL App (3d) 130530, ¶ 31.
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4. A defendant may move for a "Celotex-type" motion for summary judgment by
FILED DATE: 7/24/2023 4:14 PM 2021L000061
pointing out to the court that there is an absence of evidence to support the non-movant party's
case. Celotex Corp. v Catrett, 477 U.S. 317, 325 (1986). In that case, Celotex, the movant, could
not prove that its products were not the cause of the plaintiff's injuries. Celotex was nevertheless
entitled to summary judgment because the plaintiff, who had the burden of proof, likewise could
not produce any evidence that a Celotex product was involved. The court in Celotex held that the
defendant satisfies its initial burden of production when it" 'point[s] out' the absence of evidence
supporting the plaintiff's position." Celotex, 477 U.S. at 325; see also Hutchcraft v. Indep. Mech.
Indus., Inc., 312 Ill.App.3d 351, 355, 726 N.E.2d 1171 (4th Dist. 2000).
5. Here, pursuant to Celotex the Plaintiffs have the burden of producing some sort of
evidence that establishes Wantuch contracted COVID-19 at his place of employment, at a certain
time, by a certain party, and that contraction was due to the negligence of BBI. The Plaintiffs
have not produced such evidence.
6. In fact, the Plaintiffs’ answers to interrogatories which are attached hereto as Exhibit 3
affirm that Plaintiffs do not have evidence beyond mere conjecture and speculation as to where,
when, from whom, and how Wantuch contracted COVID-19. Attached to those interrogatory
answers are Wantuch’s pertinent hospital records submitted herein as Exhibit 4. In order to keep
those records from being filed in the public court record they will be submitted to the Court
under separate cover.
7. The Court will note on April 16, 2020 (Exhibit 4, pg. 31) the medical records state that
Wantuch not only went to work but also to the grocery store. Further, there were no known sick
contacts. Further, on April 19, 2020 the medical records noted Wantuch did not know of any
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sick contacts. (Exhibit 4, pg. 39.) Then, on April 20, 2020 the medical records indicate that
Wantuch’s wife herself was positive for COVID. (Exhibit 4, pg. 132).
FILED DATE: 7/24/2023 4:14 PM 2021L000061
8. Not only do the Plaintiffs offer no affirmative evidence to link Wantuch’s contraction
of COVID-19 to BBI, or to any other party for that matter, the medical records do not establish a
proximate cause link to BBI. To the contrary, the medical records establish alternate theories of
how Wantuch contracted COVID-19. It could have been from a trip to the grocery store. It
could have been from his own wife who was marked down as being positive for COVID-19.
9. The Court is compelled to follow the law in this matter, including Atchley v.
University of Chicago Medical Center, 2016 IL App (1st) 152481 which cited our Supreme
Court’s decision in Krywin v. CTA, 238 Ill.2d 215, ¶45, (2010) (appellate court affirmed in
reversing trial court for failure to enter directed verdict in favor of defendant) and noted, "‘Cause
in fact exists where a reasonable certainty exists that the defendant's acts caused the injury.’" Id.
at ¶45. The Plaintiffs herein are nowhere near meeting the standard of “reasonable certainty”.
The Plaintiffs are relying upon nothing more than a leap of faith in connecting Wantuch’s
contraction of COVID-19 to BBI or any of the Defendants.
10. Plaintiffs do not have the luxury of merely alleging that Wantuch worked at the Coca
Cola Bottling Plant, BBI and other contractors were also working there and did not follow
COVID protocols, Wantuch got sick, and therefore BBI and others must have been the cause.
Plaintiffs must, inter alia, prove that the alleged injury proximately resulted from a breach of the
defendant. Diebert v. Bauer Brothers Construction Co., 141 Ill.2d 430, 434 (1990). Proximate
cause is an essential element of a negligence claim. Bermudez v. Martinez Trucking, 343
Ill.App.3d 25, 796 N.E.2d 1074 (1st Dist. 2003). A plaintiff who fails to factually establish the
element of proximate cause has not sustained his or her burden of making a prima facie case and
4
summary judgment is proper. Mann v. Producer’s Chemical Co., 356 Ill.App.3d 967, 972, 827
N.E.2d 883 (2005).
FILED DATE: 7/24/2023 4:14 PM 2021L000061
11. Plaintiffs herein have not and cannot establish their burden of establishing proximate
cause. There is no question of fact to be determined. As a matter of law, the case cannot go on
and summary judgment must be entered.
12. Further, in addition to the arguments set forth above, BBI herein adopts by reference
all of the arguments that other defendants have or may set forth in their own motions for
summary judgment.
13. In the final analysis, the Plaintiff has the burden to set forth affirmatively evidence
that sustains their prima facia case against BBI. In the absence of such evidence there is no need
to continue this case. The Court must look past the emotional issues of a Wrongful Death and
Survival Action and the complex societal issues associated with the COVID-19 pandemic. The
Court is urged to look solely at the state of the evidence and in so doing it will conclude, as a
matter of law, that summary judgment is required.
WHEREFORE, Defendant Burling Builders, Inc., by and through its attorneys of
Fabyanske, Westra, Hart & Thomson, PA, and Amundsen Davis LLC, and pursuant to 735 ILCS
5/2-1005 Prays that an Order be entered granting this Motion for Summary Judgment in its favor
and against Plaintiffs. Further, that said Order be entered with a finding that there is no just
reason for the delay of enforcement or appeal of said Order pursuant to Supreme Court Rule
304(a), and for whatever other relief this Court deems just and necessary.
Respectfully submitted,
By:____________________________
One of the attorneys for Defendant,
Burling Builders, Inc.
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Mark R. Becker mbecker@fwhtlaw.com
Fabyanske Westra, Hart & Thompson, PA
333 South Seventh Street,
FILED DATE: 7/24/2023 4:14 PM 2021L000061
Suite 2600
Minneapolis, Minnesota 55402
Phone: (612) 359-7620
(Cook Co. Id. 46713)
Dennis Cotter
Gerald T. Rohrer, Jr.
Amundsen Davis LLC
150 N. Michigan Ave., Suite 3300
Chicago, IL 60601
(312) 894-3200/Fax (312) 894-3210
Firm ID 42907
grohrer@amundsendavislaw.com
dcotter@amundsendavislaw.com
6
FILED DATE: 7/24/2023 4:14 PM 2021L000061
EXHIBIT 1
FILED
8/27/2021 2:25 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
4:14 PM 2021L000061
2021L000061
14611573
7/24/2023 2:25
FILED DATE: 8/27/2021
EXHIBIT 1
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FILED
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ
CIRCUIT CLERK
COUNTY DEPARTMENT, LAW DIVISION
COOK COUNTY, IL
2:25 PM 2021L000061
2021L000061
LINDA WANTUCH and FIRST MIDWEST )
BANK, as Co- Independent Executors for the ) 14611573
Estate of RONALD WANTUCH, )
)
Plaintiffs, )
8/27/2021 4:14
)
FILED DATE: 7/24/2023
v. ) Case No.: 2021 L 61
)
BURLING BUILDERS, INC., an Illinois )
Corporation; BENSON ELECRICAL )
CONTRACTING, INC., an Illinois corporation; )
DUMEX CONSTRUCTION COMPANY, an )
Illinois corporation; CONTINENTAL PAINTING )
and DECORATING, INC., an Illinois corporation; )
THE COUNTERTOP FACTORY MIDWEST, INC.)
, an Illinois corporation; ROBERTS )
ENVIRONMENTAL CONTROL CORP., an )
Illinois corporation; ILLINOIS CONTRACT )
GLAZING, INC., an Illinois corporation; )
COMMERCIAL SPECIALTIES, an Illinois )
corporation; HUFCOR, INC., an Illinois )
corporation; WESTWORX, LTD., an Illinois )
corporation, )
)
Defendants. )
SECOND AMENDED COMPLAINT AT LAW
NOW COMES the Plaintiffs, LINDA WANTUCH and FIRST MIDWEST BANK, as Co-
Independent Executors for the Estate of RONALD WANTUCH, Deceased (D.O.D. 5/9/2020), by
and through their attorneys, MDR LAW LLC, and complaining of the Defendants, BURLING
BUILDERS, INC. (hereinafter “BURLING BUILDERS”), an Illinois Corporation, BENSON
ELECTRICAL CONTRACTING, INC. (hereinafter “BENSON ELECTRICAL
CONTRACTING”), an Illinois Corporation, DUMEX CONSTRUCTION COMPANY, an Illinois
Corporation, CONTINENTAL PAINTING and DECORATING, INC. (hereinafter
“CONTINENTAL PAINTING”), an Illinois Corporation, THE COUNTERTOP FACTORY
MIDWEST, INC. (hereinafter “COUNTERTOP FACTORY MIDWEST”), an Illinois
Corporation, ROBERTS ENVIRONMENTAL CONTROL CORP. (hereinafter “ROBERTS
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ENVIRONMENTAL CONTROL”), an Illinois Corporation, ILLINOIS CONTRACT GLAZING,
INC. (hereinafter “ILLINOIS CONTRACT GLAZING”), an Illinois Corporation,
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COMMERCIAL SPECIALTIES, an Illinois Corporation, HUFCOR, INC. (hereinafter
FILED DATE: 7/24/2023
“HUFCOR”), an Illinois Corporation, and WESTWORX, LTD. (hereinafter “WESTWORX”), an
Illinois Corporation, and each of them alleges as follows:
GENERAL ALLEGATIONS COMMON TO ALL COUNTS
Onset of the Covid-19 Pandemic
1. SARS-CoV2 (hereinafter referred to as “COVID-19”) is a highly contagious
disease that causes acute respiratory symptoms that often leads to life-threatening complications
and death.
2. COVID-19 reached the United States in January 2020, with the first known deaths
in the U.S. occurring in February 2020.
3. By the end of March 2020 and contemporaneous with the declaration of a national
emergency, COVID-19 cases had been reported in all 50 U.S. states, the District of Columbia, and
all inhabited U.S. territories with the exception of American Samoa.
4. At present, the U.S. has the highest level of active cases and deaths in the world,
with a death rate of 482 per one million people. As of filing, nearly 38.4 million Americans have
been afflicted and over 633,000 have died of COVID-19 related complications.
5. Illinois ranks among the hardest-hit states for COVID-19 cases, with over 1.5
million cases and more than 26,000 deaths.
6. Cook County is the epicenter of the COVID-19 outbreak in Illinois, with more than
586,000 cases and a reported infection rate that is ten times higher than any other Illinois county.
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To place this number in context, if Cook County were an independent country, it would be within
the top twenty nations with the highest infection rate.
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7. The contagious nature of COVID-19 is linked to the small infectious dose a person
FILED DATE: 7/24/2023
can be exposed to for successful transmission to occur.
8. Medical experts have opined that exposure to as few as 1000 SARS-CoV2
infectious viral particles could trigger infection, such that transmission may occur from an
infectious dose received by merely inhaling or rubbing one’s eye in an environment where viral
sufficient particles are present.
9. Competent modes of transmission include a single cough, which releases at least
3,000 droplets that travel at 40 miles per hour; a single sneeze, which releases at least 30,000
droplets that travel at up to 200 miles per hour; or a single breath, which can expel between 50 to
5000 droplets.sd
10. While it is estimated that as many as 44% of all COVID-19 infections present with
little to no symptoms, the droplets in a single cough or sneeze may contain as many as 200,000,000
virus particles which are immediately discharged into the surrounding environment and can rapidly
infiltrate every corner of an average-sized room or elevator.
11. A person may also shed COVID-19 for days prior to becoming symptomatic, with
average viral loads reaching their highest level just prior to symptom onset.
12. What has emerged is an ominous reality that the safety of workers in a workplace
is gravely compromised whenever a finite amount of space within a given environment is shared
by several individuals gathered together for any appreciable length of time.
13. On March 9, 2020, with over 500 COVID-19 infections in the United States, the
CDC published federal guidelines for workers. These guidelines included recommendations for
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social distancing of at least 6 feet, and the use of Personal Protective Equipment (“PPE”) for
workers.
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14. That same day, March 9, 2020, OSHA released guidelines, recommending that
FILED DATE: 7/24/2023
companies should offer surgical masks or respirators to workers who could be infected with
COVID-19, especially those that worked in close quarters. See OSHA “Guidance on Preparing
Workplaces for COVID-19,” March 9, 2020, attached hereto as Exhibit “A.”
14. Moreover, on March 9, 2020, Illinois Governor Jay Pritzker issued a Gubernatorial
Disaster Proclamation. See March 9, 2020, Gubernatorial Disaster Proclamation, attached hereto
as Exhibit “B.”
15. That by March 9, 2020 the highly transmissible nature of COVID-19 was known
to defendants herein.
16. That on April 1, 2020, said Illinois’ proclamation was updated to emphasize the
need for community preparedness and prevention measures. See April 1, 2020, Gubernatorial
Disaster Proclamation, attached hereto as Exhibit “C.”
17. On April 3, 2020, the CDC recommended that all Americans wear face covering in
public to prevent asymptomatic spread of COVID-19.
Ronald Wantuch Employment and Great Lakes Facility
18. That at all relevant times herein, the Plaintiffs’ Decedent, RONALD WANTUCH,
was an employee of Great Lakes Coca Cola Bottling (hereinafter referred to as “Great Lakes”)
working within its facility located at 7400 N. Oak Park Ave., in the Village of Niles, County of
Cook, State of Illinois.
19. That at all times, the aforementioned Great Lakes facility was under construction
and remodeling of an expansion. Said work was being completed by a BURLING BUILDERS,
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acting as general contractor, and multiple sub-contractors.
20. Despite the aforementioned construction and remodeling work, said facility was
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occupied at all times relevant herein by Great Lakes Coca-Cola Distribution, LLC d/b/a Great
FILED DATE: 7/24/2023
Lakes Coca Cola Bottling and its employees, with ongoing beverage production being deemed
essential business and operations. See Executive Order 2020-10, attached hereto as Exhibit “D.”
21. That at all times, RONALD WANTUCH worked at or near the service entrance of
the facility where the contractors and subcontractors would ingress and egress from the
aforementioned facility.
22. Moreover, at all times herein, and for some time prior to April 10, 2020, RONALD
WANTUCH, in the course of his work at Great Lakes, was in direct contact and close proximity
with other individuals working on behalf of BURLING BUILDERS and its subcontractors, as well
as sharing common areas at the Great Lakes Coca Cola Facility, including but not limited to
hallways, warehouse, break rooms, and washroom facilities.
23. That while on the Great Lakes Coca Cola Facility jobsite employees of BURLING
BUILDERS, and its subcontractors, failed to wear appropriate PPE, including face masks, in
violation of CDC, OSHA and State of Illinois guidelines.
Illness and Death
24. That between March 9, 2020, and April 10, 2020, Plaintiffs’ Decedent, RONALD
WANTUCH, remained in his home except to travel to and from his employment at Great Lakes
and was, therefore, not in contact with individuals outside of his employment other than his family.
25. On or about Friday, April 10, 2020, Plaintiffs’ Decedent, RONALD WANTUCH,
went home from work feeling ill, was subsequently diagnosed with COVID-19, and died on
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Saturday, May 9, 2020 due to complications of COVID-19.
26. That upon information and belief, RONALD WANTUCH contracted COVID-19
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at the aforementioned Great Lakes Coca Cola facility due to contact with infected employees of
FILED DATE: 7/24/2023
BURLING BUILDERS and/or subcontractors reporting for duty each day, and whom RONALD
WANTUCH was in direct contact and close proximity with.
Workman’s Compensation Claim
27. That on May 27, 2021, Plaintiffs, LINDA WANTUCH and FIRST MIDWEST
BANK, as Co-Independent Executors for the Estate of RONALD WANTUCH, submitted a
workers compensation claim (21WC014645) with the Illinois Workers’ Compensation
Commission against Great Lakes Coca Cola on the basis of COVID exposure at work. See Illinois
Workers’ Compensation Application, attached hereto as Exhibit “E.”
28. That pursuant to Public Policy Act HB2455, an act concerning employment, the
Workers’ Occupational Diseases Act was amended June 5, 2020, as follows:
“(g)(1) In any proceeding before the Commission in which the employee is
a COVID-19 first responder or front-line worker as defined in this subsection, if
the employee’s injury or occupational disease resulted from exposure to and
contraction of COVID-19, the exposure and contraction shall be rebuttably
presumed to have arisen out of and in the course of the employee’s first responder
or front-line worker employment and the injury or occupation disease shall be
rebuttably presumed to be causally connected to the hazards or exposures of the
employee’s first responder or front-line worker employment.”
See HB2455, Section 15(g)(1), (emphasis added) attached hereto as Exhibit “F.”
29. Moreover, pursuant to Section 15(g)(2) of HB2455, the term “COVID-19 first
responder or front-line worker” includes any individuals employed by essential businesses and
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operations as defined in Executive Order 2020-10, like the Plaintiffs’ Decedent, RONALD
WANTUCH. See Exhibit “F,” at Section 15(g)(2).
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- COUNT I -
FILED DATE: 7/24/2023
NEGLIGENCE AGAINST BURLING BUILDERS, INC.
(Wrongful Death)
1-29. Plaintiffs, LINDA WANTUCH and FIRST MIDWEST BANK, as Co-Independent
Executors for the Estate of RONALD WANTUCH, repeat and reallege, and incorporate by
reference, paragraphs one (1) through twenty-nine (29) of this Complaint, as paragraphs one (1)
through twenty-nine (29) of Count I, as if fully set forth herein.
30. That on April 10, 2020, and for a long time prior thereto, the Defendant, BURLING
BUILDERS, as general contractor, was in charge of the construction and remodeling of the
expansion of the aforementioned Great Lakes Coca Cola Facility.
31. That at all relevant times herein, BURLING BUILDERS’ employees were ordered
to perform construction work at the aforementioned building during the onset of the pandemic.
These employees did not quarantine and were not tested for COVID-19 nor required to have their
temperatures checked before entering the Great Lakes facility.
32. That Defendant BURLING BUILDERS did not mandate or enforce the wearing of
appropriate personal protective equipment (PPE) by its employees, such as face masks and gloves
while inside the premises at Great Lakes, when it knew, or in the exercise of reasonable care,
should have known, that the wearing of PPE was required for the safety of its employees and
employees of Great Lakes, especially in light of Great Lakes on-going essential business and
operations.
33. That upon information and belief, RONALD WANTUCH contracted COVID-19
at the aforementioned Great Lakes Coca Cola facility as a result of coming into contact and/or
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close proximity with a COVID-19 positive employee of Defendant, BURLING BUILDERS.
34. That at all times material to this Complaint, the Defendant, BURLING BUILDERS,
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owed Plaintiffs’ decedent a duty to exercise reasonable care in keeping the worksite in a safe and
FILED DATE: 7/24/2023
healthy environment and, in particular, to protect their employees and employees of Great Lakes
within the facility from contracting COVID-19 when it knew or should have known that
individuals at the Great Lakes Coca Cola facility were at high risk of infection and exposure due
to the high volume of individuals present at, and circulating throughout, the Great Lake Coca Cola
facility and construction work areas on a daily basis, especially in light of Great Lakes on-going
essential business and operations.
35. Notwithstanding its duty, at said time and place, the Defendant, BURLING
BUILDERS, by and through its agents, servants and employees, were then and there guilty of one
or more of the following careless and negligent acts and/or omissions:
(a) Failed to cleanse and sterilize the Great Lakes Coca Cola facility and work areas in
order to prevent infection of COVID-19;
(b) Failed to implement, promote and enforce social distancing guidelines promulgated
by the governments of the United States of America and the State of Illinois;
(c) Failed to provide its own employees, and other individuals with personal protective
equipment such as masks, latex gloves, cleaning supplies and other
devices/materials designed to prevent the transmission and infection of COVID-19;
(d) Failed to follow the recommendations and descriptions of mandatory safety and
health standards promulgated by the United States Department of Labor and the
Occupational Health and Safety Administration as set out in Guidance on
Preparing Workplaces for COVID-19;
(e) Failed to follow the guidelines promulgated by the Center for Disease Control and
Prevention (“CDC”) to keep all work areas in a safe and healthy condition and to
prevent employees, employees of Great Lakes Coca Cola, and other individuals
within the facility and/or work areas from contracting COVID-19;
(f) Failed to prepare or implement basic infection prevention measures as was
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recommended by the CDC;
(g) Failed to conduct periodic inspections of the condition and cleanliness of the Great
Lakes Coca Cola facility and work areas to prevent and/or minimize the risk of their
employees, employees of Great Lakes Coca Cola, and other individuals from
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contracting COVID-19 as recommended by the CDC;
FILED DATE: 7/24/2023
(h) Failed to provide its employees, employees of Great Lakes Coca Cola, and other
individuals in the facility and work areas with antibacterial soaps, antibacterial
wipes and other cleaning agents as was recommended by the CDC;
(i) Failed to properly train its personnel, employees of Great Lakes Coca Cola, and
other individuals to implement and follow procedures to minimize the risk of
contracting COVID-19;
(j) Failed to periodically interview and/or evaluate its employees, employees of Great
Lakes Coca Cola, and other individuals for signs and symptoms of COVID-19;
(k) Failed to prohibit its employees, employees of Great Lakes Coca Cola, or other
individuals who were exhibiting signs and symptoms of COVID-19 from working
in the work area or otherwise entering the work area;
(l) Failed to enforce its personnel to follow the guidelines promulgated by the CDC
when it knew or should have known that its personnel were not wearing masks or
social distancing; and/or
(m) Failed to implement and maintain engineering controls designed to prevent
COVID-19 infection including, but not limited to, installing high-efficiency air
filters, increasing ventilation rates in the work environment and installing physical
barriers such as clear plastic sneeze guards as was recommended by the CDC.
36. That as a direct and proximate result of one or more of the aforesaid careless and
negligent acts and/or omissions and unreasonably dangerous conditions of the facility and/or work
areas, Plaintiffs’ Decedent, RONALD WANTUCH, was caused to contract COVID-19, thereby
sustaining fatal injuries to his person.
37. That at all relevant times herein, there was in full force and effect from the State
of Illinois, a certain Act, commonly known as the Wrongful Death Act, 740 ILCS 180/1-2, which
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provides in pertinent in part as follows:
“Whenever the death of a person shall be caused by wrongful act, neglect
or default, and the act, neglect or default is such as would, if death had
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not ensued, have entitled the party injured to maintain an action and
FILED DATE: 7/24/2023
recover damages in respect thereof, then and in every such case the pers
Preview
Hearing Date: No hearing scheduled Location: <> Judge: Calendar, B FILED 7/24/2023 4:14 PM 3048448 – GTR/ad FirmIRIS I.D.Y.#42907 MARTINEZ CIRCUIT CLERK COOK COUNTY, IL IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 2021L000061 FILED DATE: 7/24/2023 4:14 PM 2021L000061 COUNTY DEPARTMENT, LAW DIVISION Calendar, B 23664907 LINDA WANTUCH and ) FIRST MIDWEST BANK, as Co-Independent ) Executors for the Estate of RONALD WANTUCH, ) ) Plaintiffs, ) v. ) Case No. 2021-L-000061 ) BURLING BUILDERS, INC., an Illinois ) Hon. Gerald Cleary Corporation, et al., ) Calendar B ) Defendants. ) BURLING BUILDERS, INC’S MOTION FOR SUMMARY JUDGMENT NOW COMES Defendant Burling Builders, Inc. (“BBI”), by and through its attorneys of Fabyanske, Westra, Hart & Thomson, PA, and Amundsen Davis LLC, and pursuant to 735 ILCS 5/2-1005 Moves for Summary Judgment in its favor and against Plaintiffs. BBI further Moves that an Order for Summary Judgment be entered with a finding that there is no just reason for the delay of enforcement or appeal of said Order pursuant to Supreme Court Rule 304(a), and for whatever other relief this Court deems just and necessary. In support thereof, BBI states as follows: 1. This matter is arises out Wrongful Death and Survival actions. A copy of the Second Amended Complaint is attached as Exhibit 1. Plaintiffs allege, generally, that the decedent, Ronald Wantuch, contracted COVID-19 at the Great Lakes Coca Cola bottling facility (“the Facility”). Wantuch was an employee of Coca Cola. Plaintiffs allege that Defendant BBI was performing construction work during March and April of 2020 at the Facility, and that BBI, as general contractor owed certain duties to Wantuch to prevent his eventual infection with COVID-19. Plaintiffs allege that BBI breached those duties, ultimately causing or contributing to Decedent’s contraction of COVID-19 in or around April 20, 2020, and his ultimate death on FILED DATE: 7/24/2023 4:14 PM 2021L000061 May 9, 2020. BBI has filed an Answer denying all material allegations and asserting certain Affirmative Defenses. A copy of the Answer and Affirmative Defenses is attached hereto as Exhibit 2. 2. As the Court is aware it previously held that Plaintiffs had properly alleged the element of “duty”. At this juncture in the litigation, however, Plaintiffs have not offered any evidence to support their burden in establishing a triable issue of fact on proximate cause. There is no evidence substantiating where, from whom, and when exactly Wantuch contracted COVID- 19 or that any negligent acts by BBI caused the contraction. As such, as a matter of law, Plaintiffs’ cause of action fails and summary judgment is required. 3. “A defendant may, at any time, move with or without supporting affidavits for a summary judgment in his or her favor as to all or any part of the relief sought against him or her.” 735 ILCS 5/2-1005(b) (West 2020). "The judgment sought shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2020). "The purpose of summary judgment is not to try a question of fact, but rather to determine whether a genuine issue of material fact exists." Adams v. Northern Illinois Gas Co., 211 Ill.2d 32, 42-43 (2004). "The use of the summary judgment procedure is encouraged as an aid to expedite the disposition of a lawsuit; however, it is a drastic means of disposing of litigation and should be allowed only when the right of the moving party is clear and free from doubt." Hayward v. C.H. Robinson Co., 2014 IL App (3d) 130530, ¶ 31. 2 4. A defendant may move for a "Celotex-type" motion for summary judgment by FILED DATE: 7/24/2023 4:14 PM 2021L000061 pointing out to the court that there is an absence of evidence to support the non-movant party's case. Celotex Corp. v Catrett, 477 U.S. 317, 325 (1986). In that case, Celotex, the movant, could not prove that its products were not the cause of the plaintiff's injuries. Celotex was nevertheless entitled to summary judgment because the plaintiff, who had the burden of proof, likewise could not produce any evidence that a Celotex product was involved. The court in Celotex held that the defendant satisfies its initial burden of production when it" 'point[s] out' the absence of evidence supporting the plaintiff's position." Celotex, 477 U.S. at 325; see also Hutchcraft v. Indep. Mech. Indus., Inc., 312 Ill.App.3d 351, 355, 726 N.E.2d 1171 (4th Dist. 2000). 5. Here, pursuant to Celotex the Plaintiffs have the burden of producing some sort of evidence that establishes Wantuch contracted COVID-19 at his place of employment, at a certain time, by a certain party, and that contraction was due to the negligence of BBI. The Plaintiffs have not produced such evidence. 6. In fact, the Plaintiffs’ answers to interrogatories which are attached hereto as Exhibit 3 affirm that Plaintiffs do not have evidence beyond mere conjecture and speculation as to where, when, from whom, and how Wantuch contracted COVID-19. Attached to those interrogatory answers are Wantuch’s pertinent hospital records submitted herein as Exhibit 4. In order to keep those records from being filed in the public court record they will be submitted to the Court under separate cover. 7. The Court will note on April 16, 2020 (Exhibit 4, pg. 31) the medical records state that Wantuch not only went to work but also to the grocery store. Further, there were no known sick contacts. Further, on April 19, 2020 the medical records noted Wantuch did not know of any 3 sick contacts. (Exhibit 4, pg. 39.) Then, on April 20, 2020 the medical records indicate that Wantuch’s wife herself was positive for COVID. (Exhibit 4, pg. 132). FILED DATE: 7/24/2023 4:14 PM 2021L000061 8. Not only do the Plaintiffs offer no affirmative evidence to link Wantuch’s contraction of COVID-19 to BBI, or to any other party for that matter, the medical records do not establish a proximate cause link to BBI. To the contrary, the medical records establish alternate theories of how Wantuch contracted COVID-19. It could have been from a trip to the grocery store. It could have been from his own wife who was marked down as being positive for COVID-19. 9. The Court is compelled to follow the law in this matter, including Atchley v. University of Chicago Medical Center, 2016 IL App (1st) 152481 which cited our Supreme Court’s decision in Krywin v. CTA, 238 Ill.2d 215, ¶45, (2010) (appellate court affirmed in reversing trial court for failure to enter directed verdict in favor of defendant) and noted, "‘Cause in fact exists where a reasonable certainty exists that the defendant's acts caused the injury.’" Id. at ¶45. The Plaintiffs herein are nowhere near meeting the standard of “reasonable certainty”. The Plaintiffs are relying upon nothing more than a leap of faith in connecting Wantuch’s contraction of COVID-19 to BBI or any of the Defendants. 10. Plaintiffs do not have the luxury of merely alleging that Wantuch worked at the Coca Cola Bottling Plant, BBI and other contractors were also working there and did not follow COVID protocols, Wantuch got sick, and therefore BBI and others must have been the cause. Plaintiffs must, inter alia, prove that the alleged injury proximately resulted from a breach of the defendant. Diebert v. Bauer Brothers Construction Co., 141 Ill.2d 430, 434 (1990). Proximate cause is an essential element of a negligence claim. Bermudez v. Martinez Trucking, 343 Ill.App.3d 25, 796 N.E.2d 1074 (1st Dist. 2003). A plaintiff who fails to factually establish the element of proximate cause has not sustained his or her burden of making a prima facie case and 4 summary judgment is proper. Mann v. Producer’s Chemical Co., 356 Ill.App.3d 967, 972, 827 N.E.2d 883 (2005). FILED DATE: 7/24/2023 4:14 PM 2021L000061 11. Plaintiffs herein have not and cannot establish their burden of establishing proximate cause. There is no question of fact to be determined. As a matter of law, the case cannot go on and summary judgment must be entered. 12. Further, in addition to the arguments set forth above, BBI herein adopts by reference all of the arguments that other defendants have or may set forth in their own motions for summary judgment. 13. In the final analysis, the Plaintiff has the burden to set forth affirmatively evidence that sustains their prima facia case against BBI. In the absence of such evidence there is no need to continue this case. The Court must look past the emotional issues of a Wrongful Death and Survival Action and the complex societal issues associated with the COVID-19 pandemic. The Court is urged to look solely at the state of the evidence and in so doing it will conclude, as a matter of law, that summary judgment is required. WHEREFORE, Defendant Burling Builders, Inc., by and through its attorneys of Fabyanske, Westra, Hart & Thomson, PA, and Amundsen Davis LLC, and pursuant to 735 ILCS 5/2-1005 Prays that an Order be entered granting this Motion for Summary Judgment in its favor and against Plaintiffs. Further, that said Order be entered with a finding that there is no just reason for the delay of enforcement or appeal of said Order pursuant to Supreme Court Rule 304(a), and for whatever other relief this Court deems just and necessary. Respectfully submitted, By:____________________________ One of the attorneys for Defendant, Burling Builders, Inc. 5 Mark R. Becker mbecker@fwhtlaw.com Fabyanske Westra, Hart & Thompson, PA 333 South Seventh Street, FILED DATE: 7/24/2023 4:14 PM 2021L000061 Suite 2600 Minneapolis, Minnesota 55402 Phone: (612) 359-7620 (Cook Co. Id. 46713) Dennis Cotter Gerald T. Rohrer, Jr. Amundsen Davis LLC 150 N. Michigan Ave., Suite 3300 Chicago, IL 60601 (312) 894-3200/Fax (312) 894-3210 Firm ID 42907 grohrer@amundsendavislaw.com dcotter@amundsendavislaw.com 6 FILED DATE: 7/24/2023 4:14 PM 2021L000061 EXHIBIT 1 FILED 8/27/2021 2:25 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 4:14 PM 2021L000061 2021L000061 14611573 7/24/2023 2:25 FILED DATE: 8/27/2021 EXHIBIT 1 FILED DATE: 7/24/2023 8/27/2021 4:14 2:25 PM 2021L000061 FILED DATE: 7/24/2023 8/27/2021 4:14 2:25 PM 2021L000061 FILED DATE: 7/24/2023 8/27/2021 4:14 2:25 PM 2021L000061 FILED 8/27/2021 2:25 PM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ CIRCUIT CLERK COUNTY DEPARTMENT, LAW DIVISION COOK COUNTY, IL 2:25 PM 2021L000061 2021L000061 LINDA WANTUCH and FIRST MIDWEST ) BANK, as Co- Independent Executors for the ) 14611573 Estate of RONALD WANTUCH, ) ) Plaintiffs, ) 8/27/2021 4:14 ) FILED DATE: 7/24/2023 v. ) Case No.: 2021 L 61 ) BURLING BUILDERS, INC., an Illinois ) Corporation; BENSON ELECRICAL ) CONTRACTING, INC., an Illinois corporation; ) DUMEX CONSTRUCTION COMPANY, an ) Illinois corporation; CONTINENTAL PAINTING ) and DECORATING, INC., an Illinois corporation; ) THE COUNTERTOP FACTORY MIDWEST, INC.) , an Illinois corporation; ROBERTS ) ENVIRONMENTAL CONTROL CORP., an ) Illinois corporation; ILLINOIS CONTRACT ) GLAZING, INC., an Illinois corporation; ) COMMERCIAL SPECIALTIES, an Illinois ) corporation; HUFCOR, INC., an Illinois ) corporation; WESTWORX, LTD., an Illinois ) corporation, ) ) Defendants. ) SECOND AMENDED COMPLAINT AT LAW NOW COMES the Plaintiffs, LINDA WANTUCH and FIRST MIDWEST BANK, as Co- Independent Executors for the Estate of RONALD WANTUCH, Deceased (D.O.D. 5/9/2020), by and through their attorneys, MDR LAW LLC, and complaining of the Defendants, BURLING BUILDERS, INC. (hereinafter “BURLING BUILDERS”), an Illinois Corporation, BENSON ELECTRICAL CONTRACTING, INC. (hereinafter “BENSON ELECTRICAL CONTRACTING”), an Illinois Corporation, DUMEX CONSTRUCTION COMPANY, an Illinois Corporation, CONTINENTAL PAINTING and DECORATING, INC. (hereinafter “CONTINENTAL PAINTING”), an Illinois Corporation, THE COUNTERTOP FACTORY MIDWEST, INC. (hereinafter “COUNTERTOP FACTORY MIDWEST”), an Illinois Corporation, ROBERTS ENVIRONMENTAL CONTROL CORP. (hereinafter “ROBERTS 2:25 PM 2021L000061 ENVIRONMENTAL CONTROL”), an Illinois Corporation, ILLINOIS CONTRACT GLAZING, INC. (hereinafter “ILLINOIS CONTRACT GLAZING”), an Illinois Corporation, 8/27/2021 4:14 COMMERCIAL SPECIALTIES, an Illinois Corporation, HUFCOR, INC. (hereinafter FILED DATE: 7/24/2023 “HUFCOR”), an Illinois Corporation, and WESTWORX, LTD. (hereinafter “WESTWORX”), an Illinois Corporation, and each of them alleges as follows: GENERAL ALLEGATIONS COMMON TO ALL COUNTS Onset of the Covid-19 Pandemic 1. SARS-CoV2 (hereinafter referred to as “COVID-19”) is a highly contagious disease that causes acute respiratory symptoms that often leads to life-threatening complications and death. 2. COVID-19 reached the United States in January 2020, with the first known deaths in the U.S. occurring in February 2020. 3. By the end of March 2020 and contemporaneous with the declaration of a national emergency, COVID-19 cases had been reported in all 50 U.S. states, the District of Columbia, and all inhabited U.S. territories with the exception of American Samoa. 4. At present, the U.S. has the highest level of active cases and deaths in the world, with a death rate of 482 per one million people. As of filing, nearly 38.4 million Americans have been afflicted and over 633,000 have died of COVID-19 related complications. 5. Illinois ranks among the hardest-hit states for COVID-19 cases, with over 1.5 million cases and more than 26,000 deaths. 6. Cook County is the epicenter of the COVID-19 outbreak in Illinois, with more than 586,000 cases and a reported infection rate that is ten times higher than any other Illinois county. 2:25 PM 2021L000061 To place this number in context, if Cook County were an independent country, it would be within the top twenty nations with the highest infection rate. 8/27/2021 4:14 7. The contagious nature of COVID-19 is linked to the small infectious dose a person FILED DATE: 7/24/2023 can be exposed to for successful transmission to occur. 8. Medical experts have opined that exposure to as few as 1000 SARS-CoV2 infectious viral particles could trigger infection, such that transmission may occur from an infectious dose received by merely inhaling or rubbing one’s eye in an environment where viral sufficient particles are present. 9. Competent modes of transmission include a single cough, which releases at least 3,000 droplets that travel at 40 miles per hour; a single sneeze, which releases at least 30,000 droplets that travel at up to 200 miles per hour; or a single breath, which can expel between 50 to 5000 droplets.sd 10. While it is estimated that as many as 44% of all COVID-19 infections present with little to no symptoms, the droplets in a single cough or sneeze may contain as many as 200,000,000 virus particles which are immediately discharged into the surrounding environment and can rapidly infiltrate every corner of an average-sized room or elevator. 11. A person may also shed COVID-19 for days prior to becoming symptomatic, with average viral loads reaching their highest level just prior to symptom onset. 12. What has emerged is an ominous reality that the safety of workers in a workplace is gravely compromised whenever a finite amount of space within a given environment is shared by several individuals gathered together for any appreciable length of time. 13. On March 9, 2020, with over 500 COVID-19 infections in the United States, the CDC published federal guidelines for workers. These guidelines included recommendations for 2:25 PM 2021L000061 social distancing of at least 6 feet, and the use of Personal Protective Equipment (“PPE”) for workers. 8/27/2021 4:14 14. That same day, March 9, 2020, OSHA released guidelines, recommending that FILED DATE: 7/24/2023 companies should offer surgical masks or respirators to workers who could be infected with COVID-19, especially those that worked in close quarters. See OSHA “Guidance on Preparing Workplaces for COVID-19,” March 9, 2020, attached hereto as Exhibit “A.” 14. Moreover, on March 9, 2020, Illinois Governor Jay Pritzker issued a Gubernatorial Disaster Proclamation. See March 9, 2020, Gubernatorial Disaster Proclamation, attached hereto as Exhibit “B.” 15. That by March 9, 2020 the highly transmissible nature of COVID-19 was known to defendants herein. 16. That on April 1, 2020, said Illinois’ proclamation was updated to emphasize the need for community preparedness and prevention measures. See April 1, 2020, Gubernatorial Disaster Proclamation, attached hereto as Exhibit “C.” 17. On April 3, 2020, the CDC recommended that all Americans wear face covering in public to prevent asymptomatic spread of COVID-19. Ronald Wantuch Employment and Great Lakes Facility 18. That at all relevant times herein, the Plaintiffs’ Decedent, RONALD WANTUCH, was an employee of Great Lakes Coca Cola Bottling (hereinafter referred to as “Great Lakes”) working within its facility located at 7400 N. Oak Park Ave., in the Village of Niles, County of Cook, State of Illinois. 19. That at all times, the aforementioned Great Lakes facility was under construction and remodeling of an expansion. Said work was being completed by a BURLING BUILDERS, 2:25 PM 2021L000061 acting as general contractor, and multiple sub-contractors. 20. Despite the aforementioned construction and remodeling work, said facility was 8/27/2021 4:14 occupied at all times relevant herein by Great Lakes Coca-Cola Distribution, LLC d/b/a Great FILED DATE: 7/24/2023 Lakes Coca Cola Bottling and its employees, with ongoing beverage production being deemed essential business and operations. See Executive Order 2020-10, attached hereto as Exhibit “D.” 21. That at all times, RONALD WANTUCH worked at or near the service entrance of the facility where the contractors and subcontractors would ingress and egress from the aforementioned facility. 22. Moreover, at all times herein, and for some time prior to April 10, 2020, RONALD WANTUCH, in the course of his work at Great Lakes, was in direct contact and close proximity with other individuals working on behalf of BURLING BUILDERS and its subcontractors, as well as sharing common areas at the Great Lakes Coca Cola Facility, including but not limited to hallways, warehouse, break rooms, and washroom facilities. 23. That while on the Great Lakes Coca Cola Facility jobsite employees of BURLING BUILDERS, and its subcontractors, failed to wear appropriate PPE, including face masks, in violation of CDC, OSHA and State of Illinois guidelines. Illness and Death 24. That between March 9, 2020, and April 10, 2020, Plaintiffs’ Decedent, RONALD WANTUCH, remained in his home except to travel to and from his employment at Great Lakes and was, therefore, not in contact with individuals outside of his employment other than his family. 25. On or about Friday, April 10, 2020, Plaintiffs’ Decedent, RONALD WANTUCH, went home from work feeling ill, was subsequently diagnosed with COVID-19, and died on 2:25 PM 2021L000061 Saturday, May 9, 2020 due to complications of COVID-19. 26. That upon information and belief, RONALD WANTUCH contracted COVID-19 8/27/2021 4:14 at the aforementioned Great Lakes Coca Cola facility due to contact with infected employees of FILED DATE: 7/24/2023 BURLING BUILDERS and/or subcontractors reporting for duty each day, and whom RONALD WANTUCH was in direct contact and close proximity with. Workman’s Compensation Claim 27. That on May 27, 2021, Plaintiffs, LINDA WANTUCH and FIRST MIDWEST BANK, as Co-Independent Executors for the Estate of RONALD WANTUCH, submitted a workers compensation claim (21WC014645) with the Illinois Workers’ Compensation Commission against Great Lakes Coca Cola on the basis of COVID exposure at work. See Illinois Workers’ Compensation Application, attached hereto as Exhibit “E.” 28. That pursuant to Public Policy Act HB2455, an act concerning employment, the Workers’ Occupational Diseases Act was amended June 5, 2020, as follows: “(g)(1) In any proceeding before the Commission in which the employee is a COVID-19 first responder or front-line worker as defined in this subsection, if the employee’s injury or occupational disease resulted from exposure to and contraction of COVID-19, the exposure and contraction shall be rebuttably presumed to have arisen out of and in the course of the employee’s first responder or front-line worker employment and the injury or occupation disease shall be rebuttably presumed to be causally connected to the hazards or exposures of the employee’s first responder or front-line worker employment.” See HB2455, Section 15(g)(1), (emphasis added) attached hereto as Exhibit “F.” 29. Moreover, pursuant to Section 15(g)(2) of HB2455, the term “COVID-19 first responder or front-line worker” includes any individuals employed by essential businesses and 2:25 PM 2021L000061 operations as defined in Executive Order 2020-10, like the Plaintiffs’ Decedent, RONALD WANTUCH. See Exhibit “F,” at Section 15(g)(2). 8/27/2021 4:14 - COUNT I - FILED DATE: 7/24/2023 NEGLIGENCE AGAINST BURLING BUILDERS, INC. (Wrongful Death) 1-29. Plaintiffs, LINDA WANTUCH and FIRST MIDWEST BANK, as Co-Independent Executors for the Estate of RONALD WANTUCH, repeat and reallege, and incorporate by reference, paragraphs one (1) through twenty-nine (29) of this Complaint, as paragraphs one (1) through twenty-nine (29) of Count I, as if fully set forth herein. 30. That on April 10, 2020, and for a long time prior thereto, the Defendant, BURLING BUILDERS, as general contractor, was in charge of the construction and remodeling of the expansion of the aforementioned Great Lakes Coca Cola Facility. 31. That at all relevant times herein, BURLING BUILDERS’ employees were ordered to perform construction work at the aforementioned building during the onset of the pandemic. These employees did not quarantine and were not tested for COVID-19 nor required to have their temperatures checked before entering the Great Lakes facility. 32. That Defendant BURLING BUILDERS did not mandate or enforce the wearing of appropriate personal protective equipment (PPE) by its employees, such as face masks and gloves while inside the premises at Great Lakes, when it knew, or in the exercise of reasonable care, should have known, that the wearing of PPE was required for the safety of its employees and employees of Great Lakes, especially in light of Great Lakes on-going essential business and operations. 33. That upon information and belief, RONALD WANTUCH contracted COVID-19 at the aforementioned Great Lakes Coca Cola facility as a result of coming into contact and/or 2:25 PM 2021L000061 close proximity with a COVID-19 positive employee of Defendant, BURLING BUILDERS. 34. That at all times material to this Complaint, the Defendant, BURLING BUILDERS, 8/27/2021 4:14 owed Plaintiffs’ decedent a duty to exercise reasonable care in keeping the worksite in a safe and FILED DATE: 7/24/2023 healthy environment and, in particular, to protect their employees and employees of Great Lakes within the facility from contracting COVID-19 when it knew or should have known that individuals at the Great Lakes Coca Cola facility were at high risk of infection and exposure due to the high volume of individuals present at, and circulating throughout, the Great Lake Coca Cola facility and construction work areas on a daily basis, especially in light of Great Lakes on-going essential business and operations. 35. Notwithstanding its duty, at said time and place, the Defendant, BURLING BUILDERS, by and through its agents, servants and employees, were then and there guilty of one or more of the following careless and negligent acts and/or omissions: (a) Failed to cleanse and sterilize the Great Lakes Coca Cola facility and work areas in order to prevent infection of COVID-19; (b) Failed to implement, promote and enforce social distancing guidelines promulgated by the governments of the United States of America and the State of Illinois; (c) Failed to provide its own employees, and other individuals with personal protective equipment such as masks, latex gloves, cleaning supplies and other devices/materials designed to prevent the transmission and infection of COVID-19; (d) Failed to follow the recommendations and descriptions of mandatory safety and health standards promulgated by the United States Department of Labor and the Occupational Health and Safety Administration as set out in Guidance on Preparing Workplaces for COVID-19; (e) Failed to follow the guidelines promulgated by the Center for Disease Control and Prevention (“CDC”) to keep all work areas in a safe and healthy condition and to prevent employees, employees of Great Lakes Coca Cola, and other individuals within the facility and/or work areas from contracting COVID-19; (f) Failed to prepare or implement basic infection prevention measures as was 2:25 PM 2021L000061 recommended by the CDC; (g) Failed to conduct periodic inspections of the condition and cleanliness of the Great Lakes Coca Cola facility and work areas to prevent and/or minimize the risk of their employees, employees of Great Lakes Coca Cola, and other individuals from 8/27/2021 4:14 contracting COVID-19 as recommended by the CDC; FILED DATE: 7/24/2023 (h) Failed to provide its employees, employees of Great Lakes Coca Cola, and other individuals in the facility and work areas with antibacterial soaps, antibacterial wipes and other cleaning agents as was recommended by the CDC; (i) Failed to properly train its personnel, employees of Great Lakes Coca Cola, and other individuals to implement and follow procedures to minimize the risk of contracting COVID-19; (j) Failed to periodically interview and/or evaluate its employees, employees of Great Lakes Coca Cola, and other individuals for signs and symptoms of COVID-19; (k) Failed to prohibit its employees, employees of Great Lakes Coca Cola, or other individuals who were exhibiting signs and symptoms of COVID-19 from working in the work area or otherwise entering the work area; (l) Failed to enforce its personnel to follow the guidelines promulgated by the CDC when it knew or should have known that its personnel were not wearing masks or social distancing; and/or (m) Failed to implement and maintain engineering controls designed to prevent COVID-19 infection including, but not limited to, installing high-efficiency air filters, increasing ventilation rates in the work environment and installing physical barriers such as clear plastic sneeze guards as was recommended by the CDC. 36. That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions and unreasonably dangerous conditions of the facility and/or work areas, Plaintiffs’ Decedent, RONALD WANTUCH, was caused to contract COVID-19, thereby sustaining fatal injuries to his person. 37. That at all relevant times herein, there was in full force and effect from the State of Illinois, a certain Act, commonly known as the Wrongful Death Act, 740 ILCS 180/1-2, which 2:25 PM 2021L000061 provides in pertinent in part as follows: “Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had 8/27/2021 4:14 not ensued, have entitled the party injured to maintain an action and FILED DATE: 7/24/2023 recover damages in respect thereof, then and in every such case the pers