Porter v. Erickson Transport Corp.

By a “Contractor Operating and Lease Agreement” signed October 6, 1989, Nikki D. Porter (“Nikki”) leased a tractor owned by her to Erickson Transport Corp. (“Erickson”). On November 24,1989, Nikki’s husband, Donald W. Porter (“Plaintiff”) was driving the tractor, pulling a tank trailer. Erickson dispatched Plaintiff to U.S. Alu-mínate Co. — Maryland (“U.S. Alumínate”) in Baltimore, Maryland, where liquid sodium alumínate was loaded into the trailer for delivery to a municipal water plant in Delray Beach, Florida.

Plaintiff drove the rig to Delray Beach, arriving the evening of November 26,…