Lawsuit: Pizza Delivery Man in a Rush, Smashed into Cop Car

Ever ordered from a pizza place that guaranteed a fast delivery? A Chicago police officer is paying the price for those fast delivery guarantees, the Chicago Tribune reports.

Officer Brian Berka has filed a lawsuit in Cook County Circuit Court against Di Nico’s Pizza Berwyn Inc. and its delivery driver. The suit alleges that Berka was injured when a pizza delivery man failed to yield to his police car.

According to the suit, Berka and his partner were responding to a robbery call in Chicago on May 13, 2011. Berka’s police car reportedly had its emergency lights and sirens on as it headed east on South Boulevard.

Nickolas Cruz, a driver for Di Nico’s, allegedly failed to move to the side and yield to the police car. Near the intersection of East Avenue and Village of Oak, Cruz’s 2003 Hyundai XG3501 struck the police cruiser, according to the suit. Berka, who was sitting in the passenger seat, claims to have been injured in the crash.

Berka may be suing Di Nico’s under a theory of respondeat superior, or vicarious liability. Under the doctrine, an employer can be held liable for the wrongdoings of an employee if they were committed within the scope of employment. As Cruz was delivering pizzas for Di Nico’s at the time, the accident would probably be considered to be within the scope of his employment.

However, Cruz was an independent contractor of Di Nico’s, not an employee, according to Di Nico’s district manager Carlo Piccione. Generally, employers aren’t responsible for the negligence of their independent contractors, only that of their employees. Therefore, Berka’s claim against Di Nico’s may not be allowed.

Officer Bryan Berka’s lawsuit is seeking over $ 50,000 in unspecified damages. According to district manager Carlo Piccione, Nickolas Cruz no longer works for Di Nico’s Pizza.

Related Resources:


Find a Chicago Personal Injury Attorney (FindLaw)
Personal Injury Law: The Basics (FindLaw)
Stages of a Personal Injury Case (FindLaw)
Accident & Injury Law (FindLaw)




The Chicago Personal Injury Law Blog

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