Bus service duty applies beyond bus

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 27, 2015 2:28 PM

Relying on the vicarious liability rule of Chicago & Eastern Railroad Co. v. Flexman, 103 Ill. 546 (1882), Janice Dennis sued Pace Suburban Bus Service for battery. The complaint alleged she was sexually assaulted by a Pace driver — after work, at his house. The 1882 case involved a brakeman who smashed a passenger in the face with a lantern. Because the railroad placed its servants in charge of the train, and “it alone had the power of removal,” the Illinois Supreme Court affirmed a verdict for …

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