Bruntjen v. Bethalto Pizza, LLC
Illinois Court of Appeals
18 N.E.3d 215 (2014)
- Written by Salina Kennedy, JD
Facts
Matthew Bruntjen (plaintiff) was severely injured in a car accident caused by a pizza-delivery driver employed by Bethalto Pizza, LLC (Bethalto) (defendant). Bethalto operated its restaurant as a franchisee of Imo’s Franchising, Inc. (Imo’s) (defendant). The parties’ franchise agreement labeled Bethalto an independent contractor, but it enumerated extensive standards established by Imo’s with which Bethalto was required to comply. These standards included requirements for the hiring, supervision, and firing of delivery drivers. Bethalto admitted that the delivery driver had caused the accident by crossing the center line while speeding and that the delivery driver had been acting within the scope and course of employment at the time of the accident. Bruntjen sued, arguing that Imo’s was vicariously liable for the negligence of the delivery driver. The jury found Imo’s vicariously liable and awarded Bruntjen $2.3 million. Imo’s appealed, arguing that it was not vicariously liable for the negligence of Bethalto’s employee because Bethalto was an independent contractor rather than Imo’s agent.
Rule of Law
Issue
Holding and Reasoning (Chapman, J.)
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