Malorney v. B & L Motor Freight, Inc., 85-2310

Decision Date18 July 1986
Docket NumberNo. 85-2310,85-2310
Citation496 N.E.2d 1086,146 Ill.App.3d 265,100 Ill.Dec. 21
CourtUnited States Appellate Court of Illinois
Parties, 100 Ill.Dec. 21 Karen MALORNEY, Plaintiff-Appellee, v. B & L MOTOR FREIGHT, INC., Defendant-Appellant.

Page 1086

496 N.E.2d 1086
146 Ill.App.3d 265, 100 Ill.Dec. 21
Karen MALORNEY, Plaintiff-Appellee,
v.
B & L MOTOR FREIGHT, INC., Defendant-Appellant.
No. 85-2310.
Appellate Court of Illinois,
First District, Fifth Division.
July 18, 1986.

Page 1087

[146 Ill.App.3d 266] [100 Ill.Dec. 22] Michael E. Dowd, Joel S. Ostrow (Dowd & Dowd, Ltd., of counsel), Chicago, for defendant-appellant.

Frank M. Bonifacic, William J. Harte, Madigan, Stanner, Kahn, Bonifacic & Getzendanner, and William J. Harte, Ltd., Chicago, for plaintiff-appellee.

Justice MURRAY delivered the opinion of the court:

This is an interlocutory appeal pursuant to Supreme Court Rule 308 (87 Ill.2d R. 308) by defendant B & L Motor Freight, Inc. (B & L) from a trial court order denying its motion for summary judgment. This court granted defendant's motion for leave to appeal upon certification of the issue by the trial court. The issue certified is whether defendant had a duty under the circumstances of this case to investigate Edward Harbour's non-vehicular criminal record and to verify his negative response regarding criminal offenses which he furnished on his employment application prior to employing him and furnishing him an over-the-road truck with sleeping facilities.

The circumstances of this case are as follows. Edward Harbour applied for a position of over-the-road driver with defendant B & L. On the employment application, Harbour was questioned as to whether he had any vehicular offenses or other criminal convictions. His response to the vehicular question was verified by B & L; however, his negative answer regarding criminal convictions was not verified by B & L. In fact, Harbour had a history of convictions for violent sex-related crimes and had been arrested the year prior to his employment with B & L for aggravated sodomy of two teenage hitchhikers while driving an over-[146 Ill.App.3d 267] the-road truck for another employer. Upon being hired by B & L, Harbour was given written instructions and regulations, including a prohibition against picking up hitchhikers in a B & L truck.

Subsequently, on January 24, 1978, at an Indiana toll road plaza, Harbour picked up plaintiff Karen Malorney, a 17-year-old hitchhiker. In the sleeping compartment of his truck, he repeatedly raped and sexually assaulted plaintiff, threatened to kill her, and viciously beat her. After being released, plaintiff notified police. Harbour was arrested, convicted, and sentenced to 50 years with no parole...

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    ...selection of drivers, which was allegedly breached by hiring a habitually negligent driver); Malorney v. B & L Motor Freight, Inc. , 146 Ill. App. 3d 265, 268, 100 Ill.Dec. 21, 496 N.E.2d 1086 (1986) (finding that an employer has a duty to hire and entrust vehicles to employees who are comp......
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