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FULTON v. TERRA COTTA TRUCK SERVICE, INC.

No. 1-93-2538.

639 N.E.2d 1380 (1994)

266 Ill.App.3d 609

203 Ill.Dec. 561

Jill FULTON, and as Adm'r of the Estate of Bradley Fulton, Deceased, Plaintiffs-Appellants, v. TERRA COTTA TRUCK SERVICE, INC., a Corporation, Defendant-Appellee (Aimee Crawford Kirkley et al., Plaintiffs; Gordon Weidner, Defendant).

Appellate Court of Illinois, First District, Second Division.

September 13, 1994.

Attorney(s) appearing for the Case

Jerome Mirza and Associates, Ltd., Chicago (Jerome Mirza, of counsel), for appellants.

Williams & Montgomery, Ltd., Chicago (James K. Horstman, Barry L. Kroll, Bruce W. Lyon, and C. Barry Montgomery, of counsel), for appellee.

Justice HARTMAN delivered the opinion of the court:

This appeal from a circuit court order granting a motion for summary judgment, raises as issues whether (1) a trucking company is vicariously liable for a driver's negligence where that driver was hauling loads for himself at the time of the accident, but the company's name and state commerce commission number were painted on the driver's truck and had not been concealed; and (2) res judicata and collateral...

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