Facts

Defendant Maersk Inc. planned to ship an over-sized generator from Los Angeles to Melbourne, Australia through its competitor American President Lines. Maersk contacted an independent hauler to truck the generator from Maersk's terminal to American President Lines' terminal in the Los Angeles Harbor. However, the independent trucker was turned away at APL's gate due to heavy shipping congestion. The independent trucker contacted the trucking company that hired him and requested instructions. He was advised to bring the generator to the trucking company's yard located off the 91 Freeway.

Enroute northbound on the 710 Freeway and while in transition eastbound onto the 91 Freeway, the over-sized generator, strapped onto a tractor-trailer rig, struck a freeway overpass and landed on the plaintiff's vehicle. The rig was hauling its over-height load without a permit and the independent driver had no insurance. The load was two to three feet over height and any reasonable trucker would have known upon viewing the load that an oversize permit was required.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that defendant Maersk knew that the generator was oversized and that a permit was required, but Maersk did not inform the independent trucking company of this and Maersk failed to follow its custom and practice established on two prior occasions of informing the independent trucking company of the need for a permit. In turn, the trucking company, in reliance on Maersk's custom, failed to notify the driver that the load was over-height and that a permit was required.

Specials in Evidence

approximately $100,000 for both plaintiffs approximately $135,000 per annum if Robert Orr continued to work as a bookkeeper

Injuries

Plaintiff Robert Orr suffered a skull fracture resulting in a diffuse axonal brain injury, a sub-arachnoid hemorrhage and a fracture of his thoracic spine. He returned to work one month after the accident. Over a year later, he, who was a CFO of a private company, and all the other officers and directors of the company were fired during a management coup. Thereafter, he obtained work as a bookkeeper, claiming that he could no longer perform his work as a CFO. Plaintiff Nancy Orr suffered a compression fracture of the thoracic spine and a wrist fracture.

Other Information

The case was settled at a mediation with Michael Moorhead of Moorhead Mediations.