The Illinois Supreme Court Rejects the So-Called “McHaffie Rule”
Illinois law has long recognized holding an employer directly liable for negligently hiring, retaining, and training or supervising its employee who causes injury to another.
On April 21, 2022, the Illinois Supreme Court in McQueen v. Green, 2022 IL 126666, held that plaintiffs may pursue separate claims for negligent hiring, negligent supervision, and negligent retention against a trucking company/employer for the employer’s conduct in failing to reasonably hire, supervise or retain an employee, even when the trucking company/employer admits vicarious liability for its truck driver/employee.
As a result, Illinois courts will now allow plaintiffs to bring both a vicarious liability claim and a direct negligence claims against trucking companies. This will have a significant impact on how trucking cases are brought in Illinois and may expose trucking companies to further liability. Thus, trucking companies and their counsel should pay close attention to how this new law will impact their cases.
If you have a question about this topic, please contact Patrick Foppee or your Lashly & Baer attorney directly.