Buffalo State Consolidated Freightways’ warehouse in California

Textbook section 17.5 #1 The issue is whether the Allens are liable for the loss of I’ll Call Ya.

Textbook section 17.5 #2A The issue is whether Consolidated is a carrier.

Textbook section 17.5 #2B The issue is whether Consolidated is a bailee.

Textbook section 51.5 #3 The issue is whther Ernest has a legal right to be hired.

Textbook section 51.5 #4 The issue is whether Goodfellow has any legal remedies following being fired.

Joe Andrews delivered his quarter horse I’ll Call Ya (worth about $319,000 in 2010 dollars) to Harold Stone for boarding and stabling. Later he asked Stone if Stone could arrange for the horse’s transportation some distance, and Stone engaged the services of the Allen brothers for that purpose. Andrews did not know the Allens, but Stone had previously done business with them. On the highway the trailer with I’ll Call Ya in it became disengaged from the Allens’ truck and rolled over. The mare, severely injured, “apparently lingered for several hours on the side of the road before she died without veterinary treatment.” The evidence was that the Allens had properly secured the horse’s head at the front of the trailer and used all other equipment that a reasonably prudent person would use to secure and haul the horse; that the ball was the proper size and in good condition; that the ball was used without incident to haul other trailers after the accident; that Ronny Allen was driving at a safe speed and in a safe manner immediately before the accident; that after the accident the sleeve of the trailer hitch was still in the secured position; and that they made a reasonable effort to obtain veterinary treatment for the animal after the accident. The court determined this was a mutual-benefit bailment. Are the Allens liable?

Fisher Corporation, a manufacturer of electronic equipment, delivered VCRs to Consolidated Freightways’ warehouse in California for shipment to World Radio Inc., an electronics retailer in Council Bluffs, Iowa. World Radio rejected the shipments as duplicative, and they were returned to Consolidated’s terminal in Sarpy County, Nebraska, pending Fisher’s instructions. The VCRs were loaded onto a trailer; the doors of the trailer were sealed but not padlocked, and the trailer was parked at the south end of the terminal. Padlocks were not used on any trailers so as not to call attention to a trailer containing expensive cargo. The doors of the trailer faced away from the terminal toward a cyclone fence that encircled the yard. Two weeks later, on Sunday, July 15, a supervisor checked the grounds and found nothing amiss. On Tuesday, July 17, Consolidated’s employees discovered a 3 × 5 foot hole had been cut in the fence near the trailer, and half the VCRs were gone; they were never recovered. Consolidated received Fisher’s return authorization after the theft occurred. If Consolidated is considered a carrier, it would be strictly liable for the loss; if it is considered a bailee, it is not liable unless negligent. Which is it?

Plaintiff purchased a Greyhound bus ticket in St. Petersburg, Florida, for a trip to Fort Myers. The bus left at 11:30 p.m. and arrived at 4:15 a.m. When Plaintiff got off the bus, she noticed that the station and restrooms were darkened, closed, and locked. She left the terminal to cross at a lighted service station to use the bathroom. As she walked away from the terminal, she was attacked by an unknown person and injured. The terminal was located in a high-crime area of Fort Myers. Is Greyhound liable?

Ernest lost both his legs in combat in Vietnam. He has applied for a job with Excelsior Products in the company’s quality control lab. The job requires inspectors to randomly check products coming off the assembly line for defects. Historically, all inspectors have stood two-hour shifts. Ernest proposes to sit in his wheelchair. The company refuses to hire him because it says he will be less efficient. Ernest’s previous employment record shows him to be a diligent, serious worker. Does Ernest have a legal right to be hired? What additional facts might you want to know in deciding?

Charlie Goodfellow works for Yum-burger and has always commanded respect at the local franchise for being the fastest server. One day, he undergoes a profound religious experience, converts to Sikhism, and changes his name to Sanjay Singh. The tenets of his religion require him to wear a beard and a turban. He lets his beard grow, puts on a turban, and his fellow workers tease him. When a regional vice president sees that Sanjay is not wearing the prescribed Yum-Burger uniform, he fires him. What rights of Sanjay, if any, has Yum-burger violated? What remedies are available to him?

Answer:

Case 1: The Allens might not be liable for the loss of I’ll Call Ya since the court determined it was a mutual-benefit bailment. Given that the Allens had properly secured the horse and made reasonable efforts to obtain veterinary treatment after the accident, they may not be considered negligent in their actions.

Case 2: Whether Consolidated is considered a carrier or a bailee depends on the court’s interpretation of their role in the transportation of the VCRs. If Consolidated is deemed a carrier, they would be strictly liable for the loss; however, if they are considered a bailee, they would only be liable if found negligent.

Case 3: Greyhound may be liable for the attack on the plaintiff if the court determines that they did not provide adequate security measures, especially considering the high-crime area where the terminal was located. The plaintiff’s injury could be seen as foreseeable, given the circumstances, and Greyhound may be held responsible for failing to ensure the safety of their passengers.

Case 4: Ernest may have a legal right to be hired if the company’s refusal is deemed discriminatory based on his disability. Additional facts that may be relevant include the essential job functions of the quality control lab position and whether sitting in a wheelchair would substantially impair Ernest’s ability to perform the job duties.

Case 5: Yum-burger may have violated Sanjay’s rights by firing him for practicing his religious beliefs, which include wearing a beard and turban. Sanjay may have legal recourse under anti-discrimination laws that protect employees from discrimination based on religion. Remedies available to him could include reinstatement, back pay, and damages for emotional distress.

 

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