Kennedy Hodges Makes New Law in Pennsylvania

For several years, Kennedy Hodges has represented a truck driver who was severely injured after his tractor trailer turned over shortly after the shipper loaded it. Charles Spence had questioned the loading method of ESAB Group Inc. when it first loaded his trailer. In response, ESAB personnel assured Spence that their loading method was safe, even though they had experienced problems before. On one of the loads, Spence's tractor trailer overturned only miles from ESAB's facility. ESAB defended itself by claiming that only the truck driver is responsible for making sure a load is safely secured. While Spence acknowledged that federal regulations spoke to Spence's duty, Pennsylvania law spoke to the shipper's duty and mandated that the shipper also has a duty when it loads a truck. The trial court disagreed and dismissed Spence's case. Kennedy Hodges then retained appellate counsel and he argued the case to the Third U.S. Circuit Court of Appeals, who returned a 3-0 decision in Spence's favor. The case will now go back to the trial court for resolution via settlement or trial.

You can check out a newspaper story about the case here .

This is another example of how Kennedy Hodges fights on every case until the bitter end. If you are looking for a Houston trucking accident attorney , please contact us .