SMART-WAY TRUCKIN v. COTA INDUSTRIES

No. 86-1858.

439 N.W.2d 162 (1988)

SMART-WAY TRUCKIN', INC., Appellant, v. COTA INDUSTRIES, INC., Appellee. COTA INDUSTRIES, INC., Appellee, v. SMART-WAY TRUCKIN', INC., Appellant. SMART-WAY TRUCKIN', INC., Appellant, v. EQUITY TRANSPORTATION, INC., Appellee. EQUITY TRANSPORTATION, INC., Appellee, v. SMART-WAY TRUCKIN', INC., Appellant.

Supreme Court of Iowa.

October 19, 1988.


Attorney(s) appearing for the Case

James B. Smith of Shirley, Smith, Shirley & Powell, Perry, for appellant Smart-Way Truckin', Inc.

John C. Conger of LaMarca, Marcucci, Wiggins & Anderson, P.C., West Des Moines, for appellee Cota Industries, Inc.

Eric F. Turner of Herrick, Langdon & Langdon, Des Moines, for appellee Equity Transp., Inc.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, NEUMAN, and SNELL, JJ.


SCHULTZ, Justice.

This appeal is based on a dispute between a shipper and two semi-truck carriers. Cota Industries took bids and awarded a contract to Smart-Way Truckin' Inc. to haul its products from Iowa to Ohio. Smart-Way contacted Equity Transportation, Inc. about leasing its equipment to transport the goods. George Passmore was the driver of the tractor-trailer. The product was an exterior wall covering that deteriorates to the point that it is no longer suitable...

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