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Jacobs v. Thomson Oak Flooring

Defendant was not responsible for the actions of an independent contractor's employee.

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Herbert Jacobs, Jr. appeals from the trial court’s grant of summary judgment to Thomson Oak Flooring on his claims for the wrongful death of his wife. For reasons which follow, we affirm.

This case arose when Greg Lee loaned one of his company’s logging trucks, loaded with a “skidder,” to John Howard, one of his employees. Howard asked to borrow the truck because he wanted to clean up some of his property over the weekend. Lee told Howard to return the truck to the worksite by Sunday. Howard did not return the truck on Sunday, but instead was returning it early Monday morning when the accident with Stephanie Jacobs occurred. The wheels and tires of the skidder that was being hauled on the truck extended out and into the lane in which Stephanie Jacobs’s was driving. Her car collided with the skidder and she was killed and her two children were injured.

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