12-Person Jury

FILED
Civil Action Cover Sheet – Case Initiation (05/27/16) CCL 0520 6/8/2020 2:36 PM
#02329 FPM\dmm 6/8/2020 2020N-0092 DOROTHY BROWN
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS CIRCUIT CLERK
COUNTY DEPARTMENT - LAW DIVISION COOK COUNTY, IL
FILED DATE: 6/8/2020 2:36 PM 2020L006101

2020L006101
BIJAN CHOYA EARLY,
9414813
Plaintiff,
v.
No. _______________________________________
GRUBHUB INC., a foreign corporation; and AAMIR
MOHAMMED,
Defendants.

CIVIL ACTION COVER SHEET – CASE INITIATION

A Civil Action Cover Sheet – Case Initiation shall be filed with the
complaint in all civil actions. The information contained herein
is for administrative purposes only and cannot be introduced into
evidence. Please check the box in front of the appropriate case
type which best characterizes your action. Only one (1) case type
may be checked with this cover sheet.

Jury Demand Yes No

PERSONAL INJURY/WRONGFUL DEATH
CASE TYPES:
027 Motor Vehicle
040 Medical Malpractice
047 Asbestos
048 Dram Shop
049 Product Liability
051 Construction Injuries
(including Structural Work Act, Road
Construction Injuries Act and negligence)
052 Railroad/FELA
053 Pediatric Lead Exposure
061 Other Personal Injury/Wrongful Death
063 Intentional Tort
064 Miscellaneous Statutory Action
(Please Specify Below**)
065 Premises Liability
078 Fen-phen/Redux Litigation
199 Silicone Implant
TAX & MISCELLANEOUS REMEDIES
CASE TYPES:
007 Confession of Judgment
008 Replevin
009 Tax
015 Condemnation
017 Detinue
029 Unemployment Compensation
031 Foreign Transcript
036 Administrative Review Action
085 Petition to Register Foreign Judgment
099 All Other Extraordinary Remedies
By: ________________________________________________________
(Attorney)
(FILE STAMP)
COMMERCIAL LITIGATION
CASE TYPES:
002 Breach of Contract
070 Professional Malpractice
(other than legal or medical)
071 Fraud (other than legal or medical)
072 Consumer Fraud
073 Breach of Warranty
074 Statutory Action
(Please Signify Below**)
075 Other Commercial Litigation
(Please Signify Below**
076 Retaliatory Discharge
OTHER ACTIONS
CASE TYPES:
062 Property Damage
066 Legal Malpractice
077 Libel/Slander
079 Petition for Qualified Orders
084 Petition to Issue Subpoena
100 Petition for Discovery
**
Primary Email: ccfiling@corboydemetrio.com
Secondary Email:
Tertiary Email:
(Pro Se)

Pro Se Only: I have read and agree to the terms of the Clerk’s Office Electronic Notice Policy and choose to opt in to electronic notice
from the Clerk’s Office for this case at this email address:

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Page 1 of 1
 #02329 FPM\dmm 06/08/2020 2020N-0092

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

FILED DATE: 6/8/2020 2:36 PM 2020L006101

COUNTY DEPARTMENT - LAW DIVISION

BIJAN CHOYA EARLY,

Plaintiff,

v. FILED
No.
GRUBHUB INC., 6/8/2020 2:36 PM
a foreign corporation; and DOROTHY BROWN
AAMIR MOHAMMED, CIRCUIT CLERK
COOK COUNTY, IL
2020L006101
Defendants.

JURY DEMAND

The undersigned hereby demands trial by jury.

Francis Patrick Murphy

Francis Patrick Murphy

CORBOY & DEMETRIO, P.C.
Attorneys for Plaintiff
33 North Dearborn Street, 21st Floor
Chicago, Illinois 60602
(312) 346-3191
Firm I.D. No. 02329
Primary E-Mail: ccfiling@corboydemetrio.com

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

 #02329 FPM\dmm 06/08/2020 2020N-0092

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

FILED DATE: 6/8/2020 2:36 PM 2020L006101

COUNTY DEPARTMENT - LAW DIVISION

BIJAN CHOYA EARLY,

FILED

Plaintiff,
6/8/2020 2:36 PM
DOROTHY BROWN
v. CIRCUIT CLERK
No.
COOK COUNTY, IL
GRUBHUB INC., 2020L006101
a foreign corporation; and
AAMIR MOHAMMED,
PLAINTIFF DEMANDS TRIAL BY JURY
Defendants.

COMPLAINT AT LAW

Plaintiff, BIJAN CHOYA EARLY, by and through her attorneys, CORBOY &

DEMETRIO, P.C., complains of defendants, GRUBHUB, INC., a foreign corporation; and

AAMIR MOHAMMED, and each of them, and says:

1. On May 15, 2020, defendant, GRUBHUB, INC., a foreign corporation

(hereinafter “GRUBHUB”), was in the food delivery business, and in said business, owned,

operated, managed, controlled and monitored a software platform to supply drivers to deliver

food in the City of Chicago, County of Cook, State of Illinois.

2. On May 15, 2020, defendant, AAMIR MOHAMMED (hereinafter

“MOHAMMED”), acting as a driver on the GrubHub authorized platform, went to Ms. T’s

Southern Fried Chicken, 3343 North Broadway, in the City of Chicago, County of Cook, State of

Illinois, to pick up food for delivery.

3. On May 15, 2020, at the aforesaid location, defendant, GRUBHUB, had the duty

to exercise ordinary care in supplying drivers for delivery of food.

 4. On May 15, 2020, at the aforesaid location, defendant, MOHAMMED, had the

duty to exercise ordinary care in the operation of his vehicle.

FILED DATE: 6/8/2020 2:36 PM 2020L006101

5. On May 15, 2020, at the aforesaid location, defendant, MOHAMMED, was an

agent or apparent agent of defendant, GRUBHUB, and at all times acting in the scope of his

agency.

6. On May 15, 2020, at the aforesaid location, plaintiff, BIJAN CHOYA EARLY, a

pedestrian, was contacted by defendant, MOHAMMED’S vehicle as he pulled away from the

restaurant.

7. On May 15, 2020, at the aforesaid location, defendant, GRUBHUB, did one or

more of the following acts or omissions:

a. Permitted and allowed defendant, MOHAMMED, to access

its platform and operate as a GrubHub delivery driver;

b. Permitted and allowed defendant, MOHAMMED, to drive

as a GrubHub delivery driver when it knew or should have
known that MOHAMMED did not possess a valid Illinois
Driver’s License;

c. Failed to secure its platform from alleged unauthorized

drivers;

d. Failed to warn its restaurant partner that the GrubHub

driver, MOHAMMED, was not vetted by the company;

e. Failed to warn its restaurant partner that GrubHub’s

platform was not secured and could be accessed by anyone
including its apparent agent, MOHAMMED.

8. On May 15, 2020, at the aforesaid location, defendant, MOHAMMED, did one or

more of the following acts or omissions:

a. Pulled away from the restaurant without keeping a proper

lookout for pedestrians including plaintiff, BIJAN CHOYA
EARLY;
2
 b. Failed to insure that plaintiff, BIJAN CHOYA EARLY,
was not within the path of his car as he moved away from
FILED DATE: 6/8/2020 2:36 PM 2020L006101

the restaurant;

c. Failed to give notice by sounding his horn before he moved

away from the restaurant to plaintiff-pedestrian, BIJAN
CHOYA EARLY.

9. As a direct and proximate result of one or more of the above stated acts or

omissions in paragraphs 7 and 8, plaintiff, BIJAN CHOYA EARLY, sustained injuries of a

personal and pecuniary nature.

WHEREFORE, plaintiff, BIJAN CHOYA EARLY, demands judgment against

defendants, GRUBHUB INC., a foreign corporation; and AAMIR MOHAMMED, and each of

them, for a sum of money in excess of FIFTY THOUSAND ($50,000.00) DOLLARS.

_____________________________________
Francis Patrick Murphy

Francis Patrick Murphy

Corboy & Demetrio, P.C.
Attorneys for Plaintiff
33 North Dearborn Street, 21st Floor
Chicago, Illinois 60602
(312) 346-3191
Firm I.D. No. 02329
Primary E-Mail: ccfiling@corboydemetrio.com
3
FILED DATE: 6/8/2020 2:36 PM 2020L006101

FILED

6/8/2020 2:36 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
2020L006101