Linda Huffman v. Dexter Axle Company and Evans Equipment Company - 5/2/13

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Thursday  May 2, 2013 
11:00 AM  EST

11 a.m. 85A02-1207-CT-586. In this appeal, Linda Huffman, individually and as personal representative of the estate of Jerry Huffman, decedent, allege that Jerry Huffman died as a result of Dexter Axle Company’s negligence.  Mr. Huffman, a truck driver for Evans Equipment Company, died while attempting to secure axles on a flatbed trailer located on Dexter’s property.  Summary judgment was granted in favor of Dexter Axle Company.  Dexter Axle Company has requested that an oral argument be scheduled.  Among the questions presented in this appeal are: (1) whether Dexter Axle Company owed a duty of care to Mr. Huffman (2) whether regulations of the United States Department of Transportation preempt those of the Occupational Safety and Health Administration regarding the securing of cargo on trailers; and (3) ultimately whether summary judgment was erroneously granted in favor of Dexter Axle Company.

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