Business Law Today 9th Edition by Roger LeRoy Miller,Gaylord Jentz

Exercise 6

Negligence. Mitsubishi Motors North America, Inc., operates an auto plant in Normal, Illinois. In 2003, TNT Logistics Corp. coordinated deliveries of auto parts to the plant and DeKeyser Express, Inc., transported the parts. On January 21, TNT told DeKeyser to transport three pallets of parts from Trelleborg YSH, Inc., to the plant. DeKeyser dispatched its driver Lola Camp. At Trelleborg's loading dock, Camp noticed that the pallets would fi t inside the trailer only if they were stacked. Camp was concerned that the load might shift during transport. DeKeyser dispatcher, Ken Kasprzak, and TNT supervisor, Alan Marten, told her that she would not be liable for any damage. Trelleborg loaded the pallets. Camp drove to TNT's dock in Normal. When she opened the trailer door, the top pallet slipped. Trying to close the door to prevent its fall, Camp injured her shoulder and arm. She fi led a suit against TNT and Trelleborg, claiming negligence. What is their defense? Discuss. [ Camp v. TNT Logistics Corp., 553 F.3d 502 (7th Cir. 2009)]