Alms v. Baum
Appellate Court of Illinois
343 Ill.App.3d 67 (2003)
- Written by Casey Cohen, JD
Facts
Daniel Baum (defendant), Steven Berger (plaintiff), and Susan Delanty (plaintiff) were volunteer camp counselors at a summer camp (defendant). The camp counselors attended three mandatory training sessions before camp started. The last training session ended on a Friday in June 1997, and campers would arrive for camp the following day. All official camp business ended on Friday night and would not resume until the following day. After the last training session on Friday night, Baum drove Berger and Delanty in his two-seater sports car to the Keg Room, a local sports bar. At the Keg Room, Delanty worked on camp documents at the bar, and Baum and Berger watched basketball and drank beer. Over the course of two hours, Baum drank five beers. On the drive back to the camp, Baum lost control of his car and crashed, killing Berger and injuring Delanty. Berger’s estate and Delanty sued Baum and the camp, alleging that the camp was vicariously liable for Berger’s death and Delanty’s injuries under the doctrine of respondeat superior because Baum was an employee in the course of employment with the camp when the crash occurred. The trial court granted summary judgment in favor of the camp. The plaintiffs appealed.
Rule of Law
Issue
Holding and Reasoning (Reid, J.)
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