In Antosiak v. R.W. Dunteman Company, et al., 12 L 10430, the plaintiff, a Department of Aviation employee at Midway Airport, alleged that he drove into an excavation that was not barricaded and suffered permanent injuries. Co-defendant Sheffield Safety filed a counterclaim for breach of contract/indemnity against R.W. Dunteman. After the trial judge barred the plaintiff from presenting opinion testimony concerning safety requirements related to the excavation, and holding that the alleged injuries were not causally related to the accident, the plaintiff, by agreement, voluntarily dismissed his case, and later accepted a cost of defense settlement offer.
