Malorney v. B & L Motor Freight, Inc.
Appellate Court of Illinois
496 N.E.2d 1086 (Ill. Ct. App. 1986)
B & L Motor Freight, Inc. (B & L) (defendant), hired Edward Harbour as an over-the-road driver in Illinois. Before hiring Harbour, B & L investigated Harbour’s record of vehicular offenses but did not investigate Harbour’s non-vehicular criminal record. Consequently, B & L was unaware that Harbour had been arrested the previous year for aggravated sodomy of two hitchhikers while driving an over-the-road truck for Harbour’s former employer. After hiring Harbour, B & L issued Harbour written instructions and regulations, which included a prohibition against picking up hitchhikers. On January 24, 1978, while driving an over-the-road truck with a sleeping compartment, Harbour picked up Karen Malorney (plaintiff), a hitchhiker, and sexually assaulted her in the sleeping compartment of the truck. Malorney subsequently sued B & L for negligently hiring Harbour to drive an over-the-road truck with a sleeping compartment without investigating Harbour’s non-vehicular criminal history. B & L moved for summary judgment. The trial court denied the motion. The Appellate Court of Illinois granted B & L leave to appeal.
Rule of Law
Holding and Reasoning (Murray, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.