Justices disagree on borrowed servant defense

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 27, 2020 11:45 AM

A Will County judge tossed Jaime Quintana’s negligence complaint against Ferrara Candy Co. based on the borrowed servant doctrine and the Workers Compensation Act’s exclusive remedy provision. But a 2-1 decision from the Illinois Appellate Court reversed because Ferrara had Quintana sign a waiver — when Elite Staffing sent him to work in Ferrara’s Bolingbrook packaging center — that said he agreed he was “solely an employee” of “staffing firm.” Although the majority acknowledged that “members of this panel with many years …

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