Traffic accident between Plaintiff's vehicle and a tractor trailer driven by employee of E.G.G. Trucking, after driver had delivered a load of cucumbers from Texas to a pickling plant in Woodstock. The action between Plaintiff and E.G.G. remains pending. Court properly entered summary judgment to Defendants brokerage company and pickle producer. There was no evidence of an agency relationship between E.G.G. and brokerage company at time of alleged negligence, so brokerage company cannot be vicariously liable for alleged negligence. E.G.G. was not on brokerage company's premises, using its equipment, or acting under its direction. No evidence that pickle producer hired E.G.G. As alleged negligence occurred after completion of the contracted-for work, no action exists for negligent hiring or retention. (BURKE and HUDSON, concurring.)
Illinois Appellate Court
Civil Court
Negligent Hiring