Trial Magazine

Doe, 48, was stopped in traffic on a Chicago-area highway when she was rear-ended by Brian McCormick, an employee of Roe company, who was operating a commercial vehicle containing heavy equipment. Doe suffered shoulder and spinal injuries that eventually necessitated multiple spinal surgeries, including placement of a spinal cord stimulator to help manage chronic pain. Her medical expenses totaled $330,000.

Doe sued McCormick and Roe company, alleging negligence; respondeat superior liability; and willful and wanton hiring, retention, and entrustment. The plaintiff asserted that Roe company was aware of McCormick’s history of dangerous driving and a prior DUI yet entrusted him with a commercial vehicle.

The defense countered that hiring an employee with a single DUI did not constitute willful and wanton behavior.

Citation: Doe v. McCormick, Undisclosed Dkt. No. (Confidential Jxn. & Ct. May 6, 2021).

Plaintiff counsel: AAJ members Antonio M. Romanucci and Bruno R. Marasso, both of Chicago.