Behrens v. California Cartage Co., Inc.

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

This action for damages for personal injuries ended in summary judgment for the defendant temporary employment agency. The circuit court determined that the doctrine of respondeat superior shifted liability for the alleged negligence of a temporary employee from the defendant temporary employment agency that hired her to the warehouse which had temporarily borrowed and exercised control over her. On appeal, the plaintiff contends that under the scope-of-employment test, liability properly remains with the temporary employment agency.

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