Etno, Inc. v. Rivers

Kathryn Rivers filed a claim for property damage against Etno, Inc. (Etno), contending that she leased her 1970 International dump truck to Etno, and that while in its possession, the truck was damaged. She sought damages for repairs and loss of use.

The record reveals that the original agreement, apparently oral, provided that Rivers's truck and driver would be used to haul tree bark from Etno's de-barking facility to Scott Paper Company's mill (Scott), and that Rivers would be compensated in the amount of seven dollars ($7.00) per ton for the use of her truck. Rivers's brother drove the…