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COCA-COLA ENTERPRISES v. ATS ENTERPRISES, INC.

No. 10-2443.

670 F.3d 771 (2012)

COCA-COLA ENTERPRISES, INC., and ACE American Insurance Company, Plaintiffs-Appellants, v. ATS ENTERPRISES, INC., d/b/a S & S Service Co., Daniel Zacha, and Universal Underwriters Insurance Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 2012.

Attorney(s) appearing for the Case

Kevin J. Bahr (argued), Attorney, Mason Bahr, Atlanta, GA, for Plaintiffs-Appellants.

Brian E. McGovern (argued), Attorney, McCarthy, Leonard & Kaemmer, Chesterfield, MO, for Defendants-Appellees.

Before RIPPLE, KANNE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

S & S Service Company performed occasional maintenance and repair service on a fleet of Coca-Cola delivery trucks regularly kept at the soft-drink company's bottling plant in central Illinois. S & S would usually provide this service onsite at the Coca-Cola plant, but sometimes it would take the trucks to its shop to perform the repairs. In November 2007 Daniel Zacha, an employee of S & S, caused a fatal traffic accident while driving...

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