Biggerstaff v. Moran

Plaintiffs, William Biggerstaff and Janet Klein, brought this action to recover damages for personal injuries sustained in an automobile accident. The named defendants were Thomas Moran, the driver of the automobile, on a negligence theory, and Cook County, Illinois, on a respondeat superior theory. The trial court granted Cook County’s motion for summary judgment on the basis that it was not a proper defendant, then denied plaintiffs’ motion for leave to file an amended complaint to name the Cook County State’s Attorney as a defendant under the respondeat superior theory after the statute of…