(Court opinion corrected 6/26/18.) Plaintiff filed negligence suit against her coworker and 2 other drivers for injuries she sustained in a 3-car collision when coworker was driving restaurant employees to work in a van their employer provided for their commute. Workers' compensation system is exclusive source of compensation from Plaintiff's employer and coemployee for injury that occurred during course of her employment. As van in which Plaintiff was a passenger was employer-controlled, Plaintiff was injured in a work-related accident. Plaintiff relinquished control over conditions of transportation when she boarded vehicle owned by employer and driven under employer's direction. Coemployee driver is immune from common-law negligence claim as he was acting within scope of employment at time of collision. (GORDON and ELLIS, concurring.)
Illinois Appellate Court
Civil Court
Workers' Compensation