| | No. 1-01-4366, Davila v. Yellow Cab Co. |
 | | Yellow Cab answered and moved for summary judgment, contending that its written contract with Williams established he was an independent contractor and that Williams' conviction for battery, an intentional crime, in connection with the incident at Lake and LaSalle Streets established Williams was not acting within the scope of any agency or employment relationship. |
 | | Williams was asked to use the cab's heater and air conditioner for the comfort of his passengers, to turn the cab's radio down or off when a passenger entered the cab, and to clean the interior of the cab often, and he was "encouraged" to use Yellow Cab's car washing facilities. |
 | | Based on the reasoning in Yellow Cab I and Yellow Cab II and the facts disclosed by the record, we conclude that material questions of fact exist as to whether Williams was an employee or agent of Yellow Cab on October 31, 1996, and that summary judgment on this issue was erroneous. |
| www.state.il.us /court/Opinions/AppellateCourt/2002/1stDistrict/August/Html/1014366.htm (3997 words) |