Hayward v. C.H. Robinson Company, Inc.
24 N.E.3d 48
Ill. App. Ct.2015Background
- On Feb. 4, 2009, Pella Carrier Services' driver Vlado Petrovski (while driving for Pella) made an illegal U-turn and collided with Crystal Hayward's vehicle; Hayward later died from injuries.
- C.H. Robinson (a freight broker) had a 2005 contract with Pella designating Pella as an independent contractor to pick up and deliver loads brokered by Robinson; Pella provided vehicles, drivers, insurance, and maintained DOT operating authority and safety ratings.
- The contract required Pella to maintain minimum insurance, indemnify and hold Robinson harmless, and warranted Pella would maintain a satisfactory DOT safety rating; clause explicitly stated Pella was an independent contractor with exclusive control over means and personnel.
- Plaintiff Richard Hayward sued, alleging negligent hiring/retention/supervision of Pella/Petrovski by Robinson (among other claims). Robinson moved for summary judgment, attaching affidavits and depositions showing Pella’s satisfactory safety history and Robinson’s routine checks of DOT records.
- Plaintiffs opposed with an expert affidavit claiming a connection between Pella and Transpeed (a separate entity that lost federal operating authority in 2008) and arguing Robinson should have known of safety problems; the expert did not attach the DOT documents he relied on.
- Trial court granted summary judgment for Robinson (finding Pella an independent contractor, no control by Robinson, and no negligent hiring/supervision), and denied plaintiffs’ motion to compel additional discovery; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Robinson negligently hired/retained/supervised Pella (liability for independent contractor) | Robinson knew or should have known Pella was unfit because Transpeed (common-owner company) lost federal authority for safety issues; Robinson had notice and should have investigated further | Robinson followed industry standard: checked DOT operating authority and safety ratings initially and annually; Pella maintained satisfactory ratings and hauled ~770 loads safely | Summary judgment for Robinson: no genuine issue that Robinson negligently hired/retained/supervised Pella; Pella was independent contractor and Robinson lacked control or notice of particular unfitness |
| Whether trial court abused discretion by denying plaintiffs’ motion to compel discovery about Robinson’s knowledge of Transpeed/Pella link | Plaintiffs needed discovery to prove Robinson’s knowledge and negligent hiring; motion to compel was timely within discovery period | Plaintiffs chose to proceed to summary judgment without requesting a Rule 191(b) continuance; once SJ granted, Robinson was no longer subject to discovery | Affirmed: denial not an abuse of discretion given plaintiffs elected to proceed without seeking Rule 191(b) continuance and did not present required evidence before the SJ hearing |
Key Cases Cited
- Adams v. Northern Illinois Gas Co., 211 Ill. 2d 32 (Illinois 2004) (standard of review and summary judgment principles)
- Robidoux v. Oliphant, 201 Ill. 2d 324 (Illinois 2002) (requirements for affidavits opposing summary judgment)
- Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90 (Illinois 1993) (summary judgment review principles)
- DiMaggio v. Crossings Homeowners Ass’n, 219 Ill. App. 3d 1084 (Ill. App. 1991) (employer liability for independent contractor’s acts and negligent hiring theory)
- Huber v. Seaton, 186 Ill. App. 3d 503 (Ill. App. 1989) (negligent hiring standard for independent contractors)
- Lavazzi v. McDonald’s Corp., 239 Ill. App. 3d 403 (Ill. App. 1993) (summary judgment burden and plaintiff’s obligation to present triable issue)