Gomien v. Wear-Ever Aluminum, Inc

In Gomien v. Wear-Ever Aluminum, Inc. (1971), 50 Ill. 2d 19, 22, 276 N.E.2d 336, the Court found that the company that hired an independent contractor to solicit business for the company could be liable for an automobile accident that occurred while the contractor was driving during the course of his solicitations. (Id. at 24.) The Court stressed that the operation of an automobile was not an act collateral to the performance of the work for which the contractor was engaged, but it was part of the conduct directly involved in the performance of the work contracted for. (Id.) However, it must be noted that in Gomein, the Court reversed dismissal of the complaint. The Court did not decide whether the facts of the case supported a finding of liability.