RentCo v. Tamway Corp.

Gardner, Judge:

Respondent RentCo., a division of Fruehauf Corporation (RentCo.), brought this action against Tamway Corporation (Tamway) on a written lease of a trailer which was extensively damaged while in the possession of defendant Tamway. The trial judge awarded summary judgment for plaintiff RentCo. We disagree and reverse.

For purposes of this appeal, we must consider the facts, as they appear of record, in a light most favorable to Tamway; a brief review of these facts as reflected by “deposition” testimony of Joseph E. Hill, general manager of Tamway, is in order.

Tamway, until shortly…