Nulle v. Krewer

              No. 2--06--0947 Filed: 7-17-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
BRUCE NULLE and JEAN NULLE, ) Appeal from the Circuit Court
) of McHenry County.
Plaintiffs-Appellants, ))
v. ) No. 05--LA--177
)
MICHAEL KREWER, ))
Defendant ) Honorable
) Michael J. Sullivan,
(Leifer Builders, Inc., Defendant-Appellee). ) Judge, Presiding.
______________________________________________________________________________
JUSTICE BOWMAN delivered the opinion of the court:
Bruce and Jean Nulle appeal the circuit court's order dismissing their complaint against Leifer
Builders, Inc., seeking damages arising from a motor vehicle accident. The Nulles' vehicle collided
with that of Michael Krewer, an employee of Leifer Builders, who was running a personal errand on
his personal time in a personal vehicle that was displaying advertising for Leifer Builders. The Nulles
sought to hold Leifer Builders responsible under a theory of respondeat superior. The circuit court
dismissed Leifer Builders from the action and the Nulles appeal. We affirm.
I. BACKGROUND
On September 29, 2003, Michael Krewer was driving a pickup truck that crossed into the
lanes of oncoming traffic and collided with the Nulles' vehicle, causing damages. The truck was
Krewer's personal vehicle, but he was required to have it as a condition of his employment with Leifer