Question

Question: Who is responsible for and liable for loading the freight?

1. In your opinion, discuss the liability and issues involved for each of the three sued: Anna, Poplar, and Bonanza. Explain why you reached your opinion. Include in that review, who you would find liable.
2. Why did the attorney’s for Mary include Poplar and Bonanza in the suit?
3. If you are the newly hired traffic manager for either Poplar or Bonanza, are there any standard operating procedures might you put in place? (should the rolls be loaded on end?)

Cast of Characters: Bonanza Trucking – Owns the for hire tractor trailer. John Lightfoot – Driver for Bonanza Trucking. Poplar Paper Company – Manufactures rolls of 7,000 lb. Printing paper. Franklin Forklift – loader on Poplar’s dock. Sam Smart – Loading foreman on Poplar’s dock. Anna Airhead – teen driver who lives in Ft. Wayne. Mary Lightfoot – wife of John Lightfoot, mother of four children. Poplar calls and hires Bonanza to pick up an order of seven paper rolls that weight 7,000 pounds per roll, 56” in diameter and 8’ long. Because Poplar’s customer does not have a clamp truck to handle such a heavy roll if loaded on their end, the customer orders the rolls be delivered on their side, or in a “roll out” position when delivered. Bonanza sends their driver John Lightfoot to load the order on an enclosed van trailer with a wooden floor. The seven rolls are loaded in a staggered arrangement per the diagram to disperse the weight so it can be legally weighed at the State weight station. Franklin secures the load by nailing 5” wooden chocks on the floor. He nails four chocks behind roll #7 to prevent the rolls from rolling backwards as the truck must go up a hill at Bellefontaine, OH in route to it’s destination in Chicago. Upon final inspection of the load by Sam Smart, Sam is not happy and instructs an additional two chocks placed behind roll 7. John Lightfoot looks at the rear of trailer, sign off on the load “J Lighfoot on behalf of Bonana”, and closes the rear doors. At 0100 in the morning in rainy weather, he enters a construction zone in Ft. Wayne, IN that is marked “45 mph”. He slows to 43 mph and enters the zone. Anna Airhead attempts to enter the highway from a side street with a stop sign and pulls in front on John’s tractor-trailer forcing John to fully apply all air brakes to avoid striking Anna’s car. Anna is cited by the Ft. Wayne police for failure to yield. A witness testified that the panic stop caused the rolls 4-7 to jump the front chocks (and in some cases tore the nails loose and the chocks to come out) and sling shot into the front loaded three rolls. The force of the rolls tears out the front of the trailer and roll #1 crushes the back of the tractor with such force that John is killed instantly from multiple trauma. On behalf of John, his widowed wife and children file a lawsuit against: Anna, Poplar, and Bonanza.

Answer 1

1)Trucking company and the loader should as per the law overall responsible for the liability. Standard called OSHA governs the safety and health of workers and the responsibility of employer to ensure employees safety in plant, warehouse, or while transporting companies product by making delivery and packing standards.Liability of such nature should usually apply on loader and the company but if the truck loader ensures and checked the loading standards , he and the company is liable for the death.

As per the case, John lighfoot is the driver of Bonanza Trucking , so in my opinion liability is of Bonanza Trucking.

Anna because not following the road rules, she is also liable of paying to John Lighfoot.

Poplar is not liable because John Lighfoot is not his direct employee.

Bonanza Trucking is fully responsible for liability because John Lightfoot was working for her.

2) I think Mary's Attorney is included Poplar because the inspection officer is from his company, so to check the standards of delivery and ensuring the procedure if in case not followed , and bonanza is because John Lighfoot is her employee and she is responsible to pay for the cause.

3)As per described by the witness , most of the force is on the 4 to 7 roll, that means back end is heavier than rear so i think it should not be loaded in back but rather equally placed to make balance.

So in case to be traffic manager for any of company i would surely make standard procedures(SOP's) for loading and unloading of truck and also the standard of weight and maintaining speed.