Torts Keyed to Dobbs
Puckrein v. ATI Transport, Inc.
In 1998, Kevin and Alecia Puckrein were killed when their automobile was struck by an unregistered and uninsured tractor-trailer with seriously defective brakes. The tractor-trailer was owned by ATI transport, Inc. (ATI) and at the time of the accident had been transporting a load of glass residue for Browning-Ferris Industries of New York, Inc. (BFI). The trial court granted summary judgment for BFI on the ground that ATI was an independent contractor. Plaintiff appealed, arguing that BFI should be liable for hiring an incompetent independent contractor because ATI did not have liability insurance at the time of the accident. The New Jersey Supreme Court agreed with Plaintiff and reversed the trial court’s judgment.
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