Independent trucker can’t be considered broker/agent

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted March 3, 2020 9:39 AM

Today’s 7th U.S. Circuit Court of Appeals case involves an agreement between a broker and a truck driver to haul milk from Indiana to Minnesota, and the question of when the trucker had an accident for which he was liable, whether he acted as an independent contractor or an agent for the broker, thus subjecting the broker to liability for the collision.In Kolchinsky v. Western Dairy Transport LLC, 2020 WL 604490 (7th Cir. 2020), William Bentley, owner and sole member of Bill Bentley Trucking LLC, contracted with WD …

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