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· 5/17/2002

Gant v. L.U. Transport, Inc.

Citations

  • 770 N.E.2d 1155
  • 331 Ill. App. 3d 924
  • 264 Ill. Dec. 459
  • 2002 Ill. App. LEXIS 384

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where employer acknowledges respondeat superior liability for the conduct of its employee, direct negligence claims become duplicative
  • holding that although negligent hiring, retention, or entrustment “may establish independent fault on the part of the employer, it should not impose additional liability on the employer” if respondeat superior applies
  • holding Neff remains valid after adoption of comparative negligence doctrine
  • “[O]nce an employer admits responsibility under respondeat superior, a plaintiff may not proceed against the employer on a theory of negligent hiring, negligent retention, or negligent entrustment.”
  • “The employer's liability under negligent entrustment, because it is predicated initially on, and therefore is entirely derivative of, the negligence of the employee, cannot exceed the liability of the employee.”
  • predicting Nevada courts would follow majority rule

Source: CourtListener parenthetical corpus (CC0).

Judges: Gallagher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.