Kinney v. Continental Assurance Co.

On May 1, 1972, Marcia Kinney was walking along Washington Street in downtown Chicago when the co-defendant John C. Kimberly (Kimberly) drove his car over the curb striking and injuring her and other pedestrians. The complaint filed by Marcia Kinney (plaintiff) charged Kimberly and, on a vicarious basis, Continental Assurance Company (Continental) with negligence. The complaint alleged that Kimberly was an employee of Continental and further that he was acting within the scope of his employment at the time of the occurrence. Continental filed a motion for involuntary dismissal under section…