APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION
508 N.E.2d 424, 155 Ill. App. 3d 621, 108 Ill. Dec. 263 1987.IL.602
Appeal from the Circuit Court of Cook County; the Hon. Arthur Dunne, Judge, presiding.
JUSTICE PINCHAM delivered the opinion of the court. SULLIVAN, P.J., and LORENZ, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM
Plaintiff, Jessie Williams (Williams), a cab driver, leased a cab from the Yellow Cab Company on Friday, December 12, 1980. The cab was to be returned to the Yellow Cab Company on Monday, December 15, 1980. Williams did not return the cab on Monday, December 15, 1980, and on Tuesday, December 16, 1980, while driving the leased cab, Williams had an accident in Chicago with another motorist.
Defendant, Calumet Insurance Company, is the insurer of the Yellow Cab Company. Williams filed a complaint for declaratory judgment against defendant in the circuit court of Cook County to determine whether he was covered by defendant's insurance policy. When defendant's motion to dismiss was denied, plaintiff filed a motion for summary judgment and an affidavit as follows:
"JESSIE L. WILLIAMS, being duly sworn on oath, deposes and states as follows:
1. That I am the Plaintiff in the above titled cause.
2. That on December 12, 1980, I leased a cab from YELLOW CAB COMPANY which was to be returned to YELLOW CAB COMPANY on December 15, 1980.
3. That on December 16, 1980, while driving the cab, I was injured from an accident with an uninsured driver.
4. That I did not return the cab to YELLOW CAB COMPANY from the time I had leased it on December 12, 1980 until the time of that accident.
5. That if I were called to testify, I would completely ...