Moe v. Beck

Plaintiff seeks to recover damages for personal injuries incurred in an accident. He was a truck driver for Bower’s Excavating Company and was injured when his truck crashed, allegedly because the brakes were defective. Bower’s Excavating Company was subleasing the truck from JB Rock Products, Inc. (JB Rock), which was leasing the truck from defendant The Benj. Franklin Leasing Company, Inc. (Franklin). The trial court granted Franklin’s motion for summary judgment, and plaintiff appeals.1

Plaintiff assigns as error the summary judgment in favor of Franklin on his negligence claim, in which he…