In this incident involving a cab and pedestrian, three weeks after Express Cab Dispatch Inc. and Express Cab Company Inc. (collectively, Express Cab), leased Luis Leal a taxi cab, he struck a pedestrian, the plaintiff, Margaret Baumrucker. She was walking to her job at MacNeal Hospital in Berwyn, Ill. Although Leal was driving at a slow speed, he knocked Baumrucker to the ground injuring her left shoulder. She had years of physical therapy and, according to her physician, the shoulder injury is permanent and likely will cause her pain and restrict some activities for the rest of her life.
Baumrucker sued Express Cab, alleging negligence and willful and wanton entrustment of the cab to Leal. Baumrucker sued Leal for negligence and argued that Express Cab acted recklessly by choosing not to thoroughly check Leal’s driving record, which would have shown that while living in another state he had been convicted of driving while intoxicated in 2000 and ticketed for speeding more than 85 mph in 2010. Express Cab conceded that Leal was negligent and Baumrucker was injured, but contested the extent of her injuries and the allegations that Express Cab acted willfully and wantonly by entrusting the cab to Leal.
After a jury trial, a verdict was returned in favor of Baumrucker and signed a verdict for $897,740.81, which included $397,740.81 in compensatory damages plus $500,000 in punitive damages.