(Download) "Smith v. Crst Intern" by Supreme Court Of Iowa. " Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Crst Intern
- Author : Supreme Court Of Iowa.
- Release Date : January 18, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The overall issue in the present appeal is whether an employee injured in a motor vehicle (tractor-trailer) accident can recover civil damages under Iowa Code section 321.493 (1991) from the non-employer owner of the motor vehicle and two other defendants for the negligent act of the coemployee driver of the vehicle. The district court granted summary judgment in favor of the motor vehicle's owner and the two other defendants. We affirm the court's grant of summary judgment in favor of the two other defendants but reverse the court's decision in favor of the motor vehicle's owner. We remand for further proceedings. I. Background facts and proceedings. On October 23, 1990, plaintiff William E. Smith was injured in a motor vehicle accident in Utah. At the time of the accident, Smith was a passenger in a tractor-trailer owned by defendant Rapid Leasing, Inc. (Rapid), an equipment leasing company. The unit was leased to defendant CRST, Inc. (CRST), an interstate motor carrier that transports goods and commodities. The unit was driven by Archie D. Symmonds. Smith and Symmonds were both employed by intervenor Lincoln Sales and Services, Inc. (Lincoln), a company that employs over-the-road truck drivers and leases them to CRST to perform driving services. Smith and Symmonds were performing such services for CRST when the accident occurred. Defendants CRST and Lincoln are wholly-owned subsidiaries of defendant CRST International, Inc. (International), a holding company. Rapid is a wholly-owned subsidiary of Lincoln. Rapid is not the employer of either Smith or Symmonds.
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