Bowyer v. Adono
156 N.E.3d 594
Ill. App. Ct.2020Background
- On Oct. 12, 2012, Efrain Ferreria, driving with a revoked license and while intoxicated, left the driveway of Ramon and Maria Adono and collided with John Eskra Sr., who later died. Ferreria pled guilty to DUI; plaintiff obtained a default judgment against him.
- Plaintiff (Bowyer, as next friend/special administrator) sued Ferreria and the Adonos alleging wrongful death and survivorship claims, including respondeat superior (vicarious liability for Ferreria) and, later, in-concert liability against Ramon.
- Ferreria and coworkers had voluntarily helped Ramon unload horse feed; Ferreria drank beer from a cooler on the Adonos’ property (Ferreria later estimated 6–7 beers). The Adonos did not operate a commercial ranch, did not pay Ferreria, and did not ask him to come that night.
- Ferreria left the property voluntarily with a passenger, turned onto Route 114, and collided with the decedent’s vehicle; both vehicles were entirely on the public road at impact.
- The trial court granted summary judgment for Maria and Ramon on the respondeat superior claims, and later granted summary judgment for Ramon on the in-concert claims; plaintiff appealed both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Adonos can be vicariously liable under respondeat superior for Ferreria’s driving | Ferreria was acting as defendants’ agent/employee while helping at the ranch; agency may exist even without pay or business formality | Ferreria was a volunteer, not hired or controlled by Adonos; Adonos had no right to control him | Affirmed: no agency/employee relationship and, alternatively, Ferreria was not acting within scope of any alleged employment |
| Whether Ramon is directly liable under in‑concert liability (Restatement §876) | Ramon encouraged/assisted Ferreria’s intoxication and driving and therefore substantially assisted a tortious act | Ramon did not know Ferreria was impaired, did not encourage drinking or driving, and provided at most benign assistance | Affirmed: no evidence Ramon knew of impairment or gave substantial assistance/encouragement; summary judgment proper |
Key Cases Cited
- Adames v. Sheahan, 233 Ill. 2d 276 (Ill. 2009) (scope of employment and contemporaneous nexus required for respondeat superior)
- Sperl v. C.H. Robinson Worldwide, Inc., 408 Ill. App. 3d 1051 (Ill. App. 2011) (right to control is central to agency analysis)
- Anderson v. Boy Scouts of America, Inc., 226 Ill. App. 3d 440 (Ill. App. 1992) (third‑party liability requires ownership or right to control vehicle absent agency)
- Krickl v. Girl Scouts, Illinois Crossroads Council, Inc., 402 Ill. App. 3d 1 (Ill. App. 2010) (volunteer status does not automatically create agency; scope analysis required)
- Simmons v. Homatas, 236 Ill. 2d 459 (Ill. 2010) (describing Restatement §876 standard for in‑concert liability: knowledge plus substantial assistance)