In Tsakiris v. Gabriel First Corp., the plaintiff was injured by a drum of floor wax. American Wax had hired Alvaro Amato as an independent trucker to deliver the wax to a high school where the plaintiff worked. Amato picked up four wax drums from American Wax, loaded them onto his truck and drove them to the high school. While unloading, one of the drums rolled off the truck and pinned the plaintiff to a nearby dumpster. The plaintiffs’ complaint against American Wax was predicated upon its alleged negligence in arranging and securing the load that was delivered to the school. The court, however, found that American Wax owed no duty to the plaintiff, and was not liable for the independent trucker’s negligence over whom American Wax had no control. Accordingly, the case against American Wax was dismissed.
Thanks to Cheryl Fuchs for her contribution to this post.