McNerney v. Allamuradov
2017 IL App (1st) 153515
| Ill. App. Ct. | 2017Background
- Plaintiff Susanna McNerney arranged a ride through 303 Taxi; driver Muhtar Allamuradov, who leased the cab from Grand Transportation (Grand), sexually assaulted her en route to the airport. Allamuradov later pled guilty to battery.
- Grand and 303 had written agreements: a dispatch services agreement (303↔Grand) permitting Grand to use 303’s livery and dispatch network, and a lease (Grand↔Allamuradov) labeling the driver an independent contractor. 303 had no written contract with Allamuradov.
- Discovery showed 303 provided dispatch, orientation, background-check facilitation, logo/colors on cars, and could terminate dispatch; Grand leased and maintained vehicles and could terminate leases. Screening by municipal fingerprint/background vendor returned no red flags.
- McNerney submitted affidavits claiming she relied on 303, that the cab displayed 303’s marks, and an expert opining that 303 and Grand were common carriers with heightened duties; she sought to supplement the record with a municipal license application identifying 303 as driver’s employer.
- The circuit court granted summary judgment to Grand and 303 and denied McNerney’s late motion to supplement; the court later allowed her motion for reconsideration to be treated as timely filed. This appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction over McNerney’s appeal (timeliness of motion to reconsider) | Counsel timely e-filed reconsideration within 30 days but initial e-filing was rejected for incorrect fee; court should deem filing timely. | Filing deadline missed; late filing deprives appellate jurisdiction. | Court upheld trial court’s nunc pro tunc treatment under Cook County e-filing administrative order; appellate jurisdiction exists. |
| Whether trial court abused discretion in denying McNerney’s motion to supplement the record with FOIA-obtained municipal license documents | Documents were newly discovered and show 303 was listed as driver’s employer and municipal process required verification—material to apparent agency and duties. | Supplement untimely (post-discovery), irrelevant to defendants, and not sufficient to show 303 furnished verification letter. | Denial affirmed: motion untimely, not proper under the amendment/supplement rules, and trial court did not abuse discretion; court noted discovery issues may be revisited on remand. |
| Whether summary judgment was proper as to negligent hiring, supervision, and training claims | 303 and Grand owe duties (common-carrier context); their screening/training/supervision practices were inadequate and raise triable issues. | Drivers were independent contractors; municipal licensing and background checks sufficed; defendants lacked knowledge of any unfitness. | Reversed: material facts exist on negligent hiring/supervision/training; summary judgment improper. |
| Whether summary judgment was proper on vicarious liability (actual/apparent agency and common-carrier liability) | 303 and Grand held out drivers (branding, dispatch, recruitment, termination power), creating actual or apparent agency; as common carriers they owe heightened/nondelegable duties and can be liable for intentional torts. | Labeling driver an independent contractor and lack of direct control defeat agency and vicarious liability; actions were outside scope of agency. | Reversed: genuine factual disputes exist about actual and apparent agency and carrier status; common-carrier duty means liability may attach; summary judgment improper. |
Key Cases Cited
- Vancura v. Katris, 238 Ill. 2d 352 (discussing employer direct and vicarious liability principles)
- Van Horne v. Muller, 185 Ill. 2d 299 (elements for negligent hiring/retention claim)
- Seymour v. Collins, 2015 IL 118432 (standard and caution for granting summary judgment)
- Przybylski v. Yellow Cab Co., 6 Ill. App. 3d 243 (common-carrier heightened duty of care to passengers)
- Grinyov v. 303 Taxi, L.L.C., 2017 IL App (1st) 160193 (illustrative of facts bearing on control/agency in taxi context)