Illinois Court Rejects Appeal By Robinson [Transport Topics]
| By Reiskin, Jonathan S | |
| Proquest LLC |
A spokesman for
The
The decision leaves in place an Illinois Appellate Court ruling from March that upheld the 2009 decision of a trial court that found Robinson among those liable for a 2004 traffic accident in
"We are obviously disappointed that the
The appeals court "also improperly attempted to distinguish this case from multiple prior state and federal court decisions in which precisely the same claim has been asserted against
The case arose from an accident on
An attorney representing the widow of one of the deceased said Robinson was held properly responsible.
"People who want to call themselves brokers can't pull the strings behind the curtain and then say they're not in control," said
"When you look at the factors, Robinson was much more than just a broker. They were the dispatcher and controlled everything until the accident occurred," said Cantlin, adding that his client s share of the verdict was
The three main parties named as defendants after the accident were owner-operator
For the 12 montirs ended
Brokers, who do not own trucks, historically have argued that they should not be held responsible for accidents involving trucking companies and owner-operators that are separate businesses. The appellate court said that was not the case in this lawsuit, known as Speri v.
The 3-to-O March ruling from the appellate court focused on Robinson's control of the shipment.
The ruling noted that Robinson imposed fines on the trucker to ensure its schedule was met. The "special instructions included the potential for multiple fines and forced Henry to violate federal regulations," which showed the control Robinson had in the shipment, the court said.
The Sperl case already has changed how brokers do business and leaves them wondering how to balance service for customers without exposing themselves to legal liability, said
"In a just-in-time freight environment, you have to ask how much control is the right amount and how much control is too much. It's hard to know," VoItmann said.
"Since the incident, people have made adjustments. A lot of this hinged on Robinson calling itself a 'partner,' and we've ali stopped using the P-word now," Voltmann added.
He said it is too early to know all of the effects of Speri, but he said it is "disconcerting" to observe how jury verdicts have soared from
"This is an issue because it's a very new and unpredictable liability," Voltmann said. "Everyone has a right to sue everyone else. The sharks [plaintiffs' attorneys] are all chummed up, and they're looking for pots of money."
Robinson said earlier this year that its direct liability in the case was
By
Associate News Editor
| Copyright: | (c) 2011 Transport Topics Publishing Group (TTPG) |
| Wordcount: | 740 |


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