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Burlington Insurance Co. v. Phillips-Garrett, Inc.

United States District Court, S.D. Illinois

March 28, 2014

THE BURLINGTON INS. CO., Plaintiff,
v.
PHILLIPS-GARRETT, INC., d/b/a Garrett's Pink Slip Exotic Bar; and MONIQUE TAYLOR, special administrator of the Estate of Walter Taylor, Jr., Defendants

Page 1006

[Copyrighted Material Omitted]

Page 1007

For The Burlington Insurance Company, Plaintiff: Rosa Maria Tumialan-Landy, LEAD ATTORNEY, Dykema Gossett PLLC, Generally Admitted, Chicago, IL.

For Phillips-Garrett Inc., doing business as Garrett's Pink Slip Exotic Bar, Defendant: Jarrod P. Beasley, LEAD ATTORNEY, Kuehn Law Firm, Belleville, IL.

For Monique Taylor, Defendant: Thomas K. Neill, Gray, Ritter et al., Generally Admitted, St. Louis, MO.

Page 1008

MEMORANDUM & ORDER

MICHAEL J. REAGAN, United States District Judge.

This declaratory judgment action comes before the Court on Plaintiff's motion for judgment on the pleadings. For the reasons explained below, Plaintiff's motion (Doc. 21) is GRANTED.

Background

In late November 2012, Walter Taylor, Jr., went to Lovejoy, Illinois, to spend part of his evening at Garret's Pink Slip Exotic Bar (Defendant " Garrett's" ). According to a complaint in the Circuit Court of St. Clair County (Case No. 13- L162, filed March 28, 2013--" the underlying action" ), Maurice Shelton (one of Garrett's employees and/or agents), while in the course and scope of his employment or agency, fired a bullet that struck Walter Taylor. ( See Doc. 2-2). Taylor died as a result, and his mother (and special administrator of his estate), Monique Taylor, sued Garrett's for negligently hiring, training, and supervising Shelton. The underlying complaint includes, inter alia, the following four allegations:

1. Walter Taylor, Jr. was struck by a bullet fired by Maurice Shelton and died as a result.
2. Defendant discharged a firearm in the direction of Walter Taylor, Jr.
3. Garrett's " knew or should have known that Maurice Shelton was unfit for the duties of his agency or employment and, in particular, that he behaved in a physically dangerous or incompetent manner that created a risk of harm to ...

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