Brown Transport Corp. v. Gunnell

Birdsong, Judge.

Breach of Contract — Damage to Personal Property. The facts show that Walter Gunnell, Jr., signed a contract in 1977 to perform services as a leased vehicle owner and driver for Brown Transport Corp. (“Brown”), an interstate trucking shipper. There is no dispute that Gunnell was an independent contractor. He furnished the truck and driver and completely maintained the truck mechanically. He furnished all fuel and oil and antifreeze for the truck. Brown also operated a number of trucks owned by it and operated by its employees. In late 1980, it was reported to Brown’s…