Martin v. Yellow Cab Co.
Illinois Appellate Court
567 N.E.2d 461 (1990)
- Written by Jody Stuart, JD
Facts
Vincent Martin (plaintiff) was involved in a car accident with Albert Stokes (defendant), who was driving a cab owned by Yellow Cab Company (Yellow) (defendant). Martin was injured during the collision and filed suit against Stokes and Yellow in trial court. Martin alleged negligence on the part of Stokes and vicarious liability against Yellow under a theory of respondeat superior. The agency relationship between Stokes and Yellow was not in dispute. Subsequently, claims against Stokes were dismissed due to Martin’s failure to exercise reasonable diligence in service of process on Stokes prior to the expiration of the applicable statute of limitations. Yellow then filed a motion for summary judgment on the grounds of res judicata, asserting that a dismissal of Yellow’s agent Stokes operated as an adjudication on the merits of Martin’s claim against Yellow. The trial court granted Yellow’s motion, and Martin appealed.
Rule of Law
Issue
Holding and Reasoning (Manning, J.)
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