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09/15/89 Donald Deleonardis Et Al., v. Checker Taxi Company

September 15, 1989

DONALD DELEONARDIS ET AL., PLAINTIFFS-APPELLANTS

v.

CHECKER TAXI COMPANY, DEFENDANT-APPELLEE (ABDUL SHAIKH ET AL., DEFENDANTS)

COUNT I: DELEONARDIS

v.

SHAIKH -- AS OPERATOR OF CAB OWNED BY YELLOW CAB.

COUNT II: DELEONARDIS

v.

YELLOW CAB -- ALLEGED SHAIKH WAS EMPLOYED BY YELLOW CAB AND ACTING WITHIN



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION

545 N.E.2d 155, 189 Ill. App. 3d 9, 136 Ill. Dec. 631 1989.IL.1430

Appeal from the Circuit Court of Cook County; the Hon. Mary Heftel Hooton, Judge, presiding.

Rehearing Denied October 23, 1989.

APPELLATE Judges:

JUSTICE LaPORTA delivered the opinion of the court. EGAN, P.J., and QUINLAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LAPORTA

Plaintiffs S & S Automotive and Donald DeLeonardis (DeLeonardis) appeal from the trial court's order granting summary judgment in favor of defendant Checker Taxi Company (Checker). Plaintiffs argue that the trial court erred in granting summary judgment because Checker's affidavits in support of the motion did not rebut the presumption that the driver of the taxicab which injured plaintiffs was Checker's agent. Plaintiffs also argue that a common carrier cannot evade responsibility for damages caused by vehicles bearing its medallion.

For an understanding of the issues here addressed, a brief history of this litigation needs to be discussed. Plaintiffs allege that on March 13, 1985, while DeLeonardis operated a vehicle owned by S & S, he was involved in a collision with a taxicab and, as a result, the S & S vehicle was damaged and DeLeonardis was injured. On June 11, 1985, and October 23, 1985, separate complaints were filed, by DeLeonardis for personal injuries and by S & S for property damage against Abdul Shaikh (Shaikh), alleged to be the driver of the cab, and against Yellow Cab Company (Yellow Cab), the alleged owner of the cab. The separate complaints were consolidated and subsequently amended to add Checker and to allege similar causes of action against Checker while retaining the original causes of action against Shaikh and Yellow Cab. The amended consolidated complaint was in eight counts:

the scope of his employment.

Count III: DeLeonardis v. Shaikh -- as operator of cab

owned by Checker.

Count IV: DeLeonardis v. Checker -- alleged Shaikh was

employed by Checker and acting within the

scope of his employment.

Count V: S & S individually and f/u/ ...


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