Smart-Way Truckin', Inc. v. Cota Industries, Inc.

SCHULTZ, Justice.

This appeal is based on a dispute between a shipper and two semi-truck carriers. Cota Industries took bids and awarded a contract to Smart-Way Truckin’ Inc. to haul its products from Iowa to Ohio. Smart-Way contacted Equity Transportation, Inc. about leasing its equipment to transport the goods. George Passmore was the driver of the tractor-trailer. The product was an exterior wall covering that deteriorates to the point that it is no longer suitable for use when it freezes.

The original action was commenced by Smart-Way against Cota in small claims court. This action was…