Daily Express, Inc. v. Northern Neck Transfer Corp.

MEMORANDUM

RAMBO, District Judge.

Daily Express, Inc. (Daily) entered into a “trip lease” agreement with Northern Neck Transfer Corporation (Northern) on November 7, 1978. Under the terms of the lease Northern leased a truck and a driver to Daily. While operating the vehicle subject to the terms of the trip lease, Northern’s driver-employee became involved in an accident in West Virginia. Daily and Northern have stipulated that the negligence of Northern’s driver was the proximate cause of the accident (Stipulation of Facts ¶ 5); that Daily made payments to the injured third parties (SF ¶ 7);…