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Lawsuit Against Shipper in Trucking Case

We have a case where the interstate trucking company causing wreck had no insurance. Can we recover from the shipper who used the illegal trucking company?

Answer: See: Hudgens, et al., v. Cook Ind., Inc., 1973 OK 145, 521 P.2d 813: Where risk of harm foreseeable, one in commercial enterprise which involves integral part of the business, selection of motor carriers, owes duty to exercise reasonable care to select a competent carrier. Citing Nat. Trailer Convey, Inc. v. Saul, 375 P.2d 922, 923 and overruling Marion Machine Foundry & Supply v. Duncan, 101 P.2d 813. One of the problems with the trucker was that it was uninsured, although that doesn’t seem to be the principal thrust of the case.

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