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HORN v. TRANSCON LINES, INC.

No. 89-1747.

898 F.2d 589 (1990)

Jeffrey R. HORN, et al., Plaintiffs, v. TRANSCON LINES, INC., et al., Defendants. R.L. JEFFRIES TRUCKING CO., INC., Defendant and Third-Party Plaintiff, v. Mary F. THURMOND, Personal Representative of the Estate of Thomas B. Thurmond, Third-Party Defendant and Fourth-Party Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Fourth-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 1990.

Attorney(s) appearing for the Case

Stephen H. Thomas, Statham, Johnson & McCray, F. Stephen Sheets, Hewins & Hewins, Evansville, Ind., for Jeffrey R. Horn, Lauri B. Horn and R.L. Jeffries Trucking Co., Inc.

Donald R. Wright, Wright, Evans & Daly, Evansville, Ind., for Transcon Lines, Inc., Keystone Lines and Liberty Mut. Ins. Co.

David V. Miller, Bowers, Harrison, Kent & Miller, Evansville, Ind., Henry C. Neel, Neel & Wilson, Henderson, Ky., for Mary F. Thurmond.

Before BAUER, Chief Judge, and EASTERBROOK and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

Thomas B. Thurmond, who drove his own truck for a living, leased the rig and his services to Transcon Lines, Inc., which operates nationwide. When Transcon did not have a load for him at the place he dropped off the last one, Thurmond could do three things: first, arrange with Transcon to sublease the rig to another carrier that had cargo needing transportation (that is, enter into a trip lease); second, take the truck empty to a place...

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