United States Court of Appeals For the Seventh Circuit ____________________ No. 19-1739 MARINA D. KOLCHINSKY and LIDIA L. KOLCHINSKY, Plaintiffs-Appellants,

v. WESTERN DAIRY TRANSPORT, LLC, and WD LOGISTICS, LLC, Defendants-Appellees. ____________________

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 15 C 10544 — Matthew F. Kennelly, Judge. ____________________

ARGUED DECEMBER 17, 2019 — DECIDED JANUARY 6, 2020 — OPINION ISSUED FEBRUARY 6, 2020 * ____________________

*The court initially resolved this appeal by nonprecedential order. The order is being reissued as an opinion. 2 No. 19-1739

Before RIPPLE, SYKES, and ST. EVE, Circuit Judges. PER CURIAM. After Marina Kolchinsky and her mother, Lidia Kolchinsky, were severely injured in a car collision with a tractor-trailer in Illinois, they sued the truck driver and the two companies that contracted with him. They filed in federal court based on diversity of citizenship; Illinois law controlled. The district court entered partial summary judgment in favor of Western Dairy Transport, LLC, and WD Logistics, LLC, concluding that the driver was an independent contractor so the Kolchinskys could not hold the companies responsible for the driver’s alleged negli- gence. Because the district court properly classified the driver as an independent contractor, we affirm the summary judgment for the companies. William G. Bentley, a Colorado citizen and the owner and sole member of Bill Bentley Trucking, LLC, a Colorado company, rear-ended the Kolchinskys’ car while driving a tractor-trailer through Illinois. 1 Bentley had just dropped off a load of milk in Minnesota and was en route to Indiana with an empty trailer to pick up another load. Both deliver- ies had been arranged by WD Logistics, an LLC consisting of Missouri and Texas citizens. WD Logistics instructed Mr. Bentley to transport the milk from Indiana to its destina- tion; how he got to Indiana was up to him. The Kolchinskys, especially Marina, were severely injured in the crash. At the time Bentley Trucking regularly provided freight- transportation services to WD Logistics according to the terms of a Carrier/Broker Agreement. The nonexclusive 1The Kolchinskys’ claims against Bentley and Bentley Trucking are not part of this appeal. No. 19-1739 3 agreement provided that Bentley Trucking was an inde- pendent contractor and retained “full control” over its personnel and that either party could terminate the agree- ment upon 30 days’ written notice. When Bentley Trucking accepted a job from WD Logistics, it agreed to call the broker daily with a status update, protect the freight, notify the broker of any damage, and inform the broker of delivery. Bentley Trucking was also responsible for determining delivery times but agreed to inform WD Logistics if Bentley (in his capacity as a driver for Bentley Trucking) could not meet the schedule; the broker reserved the right to withhold any resulting damages from Bentley Trucking’s pay. Finally, the agreement required Bentley Trucking to pay its employ- ees and provide and maintain its own tractor, fuel, insur- ance, licenses, and permits. The Kolchinskys, Wisconsin citizens, sued Bentley in fed- eral court alleging that he negligently collided with their car and asserting more than $75,000 in damages. Citing theories of respondeat superior and vicarious liability, the Kolchinskys also sued Bentley Trucking, WD Logistics, and Western Dairy Transport, an LLC with the same members as WD Logistics. WD Logistics moved for