Malorney v. B & L Motor Freight, Inc.
Appellate Court of Illinois
496 N.E.2d 1086 (Ill. Ct. App. 1986)
B & L Motor Freight (defendant) hired Edward Harbour as a long-haul truck driver after checking his vehicular offense record but never investigating his non-vehicular criminal history, remaining unaware he'd been arrested the prior year for sexually assaulting hitchhikers while driving for a previous employer. B & L issued written rules prohibiting picking up hitchhikers, but Harbour picked up Karen Malorney (plaintiff) anyway and sexually assaulted her in his truck's sleeping compartment; Malorney sued B & L for negligently hiring Harbour without investigating his non-vehicular criminal record. The trial court denied B & L's summary judgment motion, and B & L was granted leave to appeal.
Whether an employer may be held liable for foreseeable injuries caused by the negligent hiring of an employee.