What do firemen do when their water tank falls off their tanker truck? Well, they sue everyone in sight, of course.
A rural fire department was in shock when, during a practice run, the 2,000 gallon water tank fell off the truck in the middle of the road. Luckily, no one was hurt but it was quite a sight to see.
Our firm defended the truck manufacturer who was sued for negligence, breach of contract, breach of warranty and other claims. During the discovery process, we learned that the fire department had sent out the truck for maintenance, at which time the U-bolts and nuts that hold on the 2,000 gallon tank were replaced by a third party. It was these fasteners that broke, allowing the tank to fall off the truck.
We considered the third party maintenance the primary and intervening cause to relieve the manufacturer of liability. We filed a motion for summary judgment on all issues and, upon reading our brief, the plaintiff dismissed us from the case.
Geauga Co. Court Comm Pls: 2005-M-000437
