The Illinois Supreme Court reversed a dismissal by the appellate court and affirmed the circuit court judgment in a personal injury case in which the following issues were considered:
- whether an employer who admits liability under the doctrine of respondeat superior may be independently liable for its own negligence, even if the jury finds that the employee was not negligent, and
- whether the trial court erred in granting the employer’s request for a new trial after the jury rendered legally inconsistent findings.
The Illinois Supreme Court concluded it is “settled law” that a plaintiff may plead and prove multiple causes of action. The state high court also ruled that it is “settled law,” so long as there is a good-faith factual basis for a plaintiff’s claim of direct negligence against an employer; in that case, the plaintiff is allowed to pursue the claim in addition to a claim of vicarious liability.