McNerney v. Allamuradov

Illinois Appellate Court
Civil Court
Motion for Summary Judgment
Citation
Case Number: 
2017 IL App (1st) 153515
Decision Date: 
Friday, June 30, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed and remanded.
Justice: 
Reyes

After Plaintiff contacted 303 Taxi, L.L.C. to arrange transportation, a taxicab marked with 303’s logo, telephone number, and distinctive colors arrived at Plaintiff’s residence at the designated time. The taxicab driver, Muhtar Allamuradov, sexually assaulted Plaintiff as he drove her to the airport. Plaintiff filed an action against Allamuradov, 303, and Grand Transportation, Inc. which had leased the taxicab to Allamuradov. Court granted summary judgment in favor of 303 and Grand, finding that they were not liable for their own negligent hiring, supervision, or training, and did not have an  agency relationship with Allamuradov that would make them vicariously liable for his actions. Court erred in granting their motion. Available technology suggests a factual question as to what a taxicab company could or should do to lessen the likelihood of an assault on a passenger. Additionally, several material questions of fact existed as to whether Allamuradov was an agent of Grand and 303 based on the circumstances surrounding their contract and how Allamuradov conducted his work.