Case 1 Equipment - Bodily Injury

Case 1 Equipment - Bodily Injury

On a member's terminal, a bridge crane was used to lift containers off vehicles. Because the vehicle drivers were required to remain in their cabs as a safety precaution, employees of the terminal were required to disengage the twist locks. On one occasion, one of the twist locks remained engaged so that when the crane lifted the container, it also lifted the trailer and the cab unit. As a result, the trailer's twist lock broke off, causing both the tractor unit and the trailer to fall back on the ground. The driver received serious injury to his back and the vehicle was badly damaged.

The injured driver commenced suit, naming the member as one of several defendants. As the case neared trial, the Club instigated discussions between the various defendants to bring about a settlement. In the event, this strategy was successful. Agreement was reached between the various defendants to apportion liability between them: the case was thus resolved without having to go to trial.