Lakatosh v. Diamond Alkali Co., 55710

Citation208 N.W.2d 910
Decision Date03 July 1973
Docket NumberNo. 55710,55710
PartiesE. J. LAKATOSH, Appellant, v. DIAMOND ALKALI COMPANY, a Delaware corporation, and Transamerican Freight Lines, Inc., a Delaware corporation, Appellees.
CourtUnited States State Supreme Court of Iowa

Klauer, Stapleton, Ernst & Sprengelmeyer, Dubuque, for appellant.

O'Connor, Thomas, Wright, Hammer & Bertsch, Dubuque, for appellee, Diamond Alkali Co.

Herrick, Langdon, Belin & Harris, Des Moines, for appellee, Transamerican Freight Lines, Inc.

Heard before MOORE, C.J., and RAWLINGS, LeGRAND, UHLENHOPP and McCORMICK, JJ.

LeGRAND, Justice.

The issue in this case is whether plaintiff was entitled to warning from defendants concerning possible permanent contamination of his trailer from a cargo of 2--4--D weed killer which he hauled from Newark, New Jersey, to Chicago. The trial court ruled as a matter of law that he was not. We affirm as to defendant Transamerican Freight Lines, Inc. and reverse as to defendant Diamond Alkali Company.

Plaintiff owned a 35-foot trailer which he regularly used to transport fresh meat from Dubuque to New York City under a lease arrangement with Rowley Interstate Transportation Co., Inc. After delivering the meat in New York, it was plaintiff's practice to obtain whatever cargo was available for his return trip to Iowa rather than to deadhead back. These arrangements were frequently made through Transamerican Freight Lines, Inc. (hereafter called Transamerican).

On the trip in question, plaintiff, as usual, checked with Transamerican after delivering his load of meat and was told to pick up a shipment of chemicals at Diamond Alkali Company (hereafter called Diamond) in Newark, New Jersey. As it turned out, this consisted of 30,600 pounds of weed killer packed in 50-pound sacks, which plaintiff transported to its Chicago destination. He then returned to Dubuque and had his trailer steam cleaned, which was standard practice at both ends of his run. Usually this properly prepared the equipment for its next meat cargo. However, on this occasion, it did not eliminate the 2--4--D odor. Neither did additional cleansings, even though various detergents and solutions were used in an effort to rid the trailer of the offensive smell. When plaintiff took his next load of meat east, it was contaminated from the odor within the trailer and was alter destroyed as unfit to eat.

Ultimately, plaintiff was compelled to dispose of his trailer. He sold it for $600.00 and bought a new one. He claims damages from both defendants in the amount of $8,657.20. He also asks exemplary damages in the amount of $3,000.00 for defendants' 'willful, careless and wanton disregard' of his property.

The case was tried without a jury. At the conclusion of plaintiff's evidence, both defendants made motions to dismiss on numerous grounds, most of which dealt in one way or another with plaintiff's alleged failure to show negligence on the part of either defendant. These motions, which are counterparts of motions for a directed verdict in jury cases, were taken under advisement. Later the motions were sustained as to each defendant. In its ruling, the trial court made detailed findings of fact and stated conclusions of law arising therefrom. Some question remained whether the trial court intended this to be a determination of disputed fact questions or a ruling on the motions to dismiss. We are persuaded it was the latter and that the trial court decided no notice or warning was required as a matter of law.

The single issue presented for determination is whether defendants should have given plaintiff warning that his trailer might be contaminated from hauling the 2--4--D weed killer. Plaintiff's theory is that he was entitled to notice 'of the nature and properties of the chemical 2--4--D' and of the 'danger of contamination to his trailer from the chemical.'

It should be noted at the outset that 2--4--D has certain characteristics dangerous to persons who come in contact with it. A warning to this effect was printed on each bag. We are not now concerned either with those dangers or the sufficiency of that warning. We consider only the defendants' obligation under the circumstances to warn plaintiff that the weed killer posed a danger of contamination of his trailer.

The trial court held as a matter of law, first, that defendants were not obliged to give any such warning; and, second, if notice was necessary, the warning given on each bag was sufficient.

A duty to warn depends on superior knowledge and is said to exist when one may reasonably foresee danger of injury or damage to one less knowledgeable unless adequate warning of danger is given. It is this reasonable foreseeability which triggers the obligation to warn, which must be determined by the circumstances of each case. Tampa Drug Company v. Wait (Fla.1958), 103 So.2d 603, 608, 609; Haberly v. Reardon Company (Mo.1958), 319 S.W.2d 859, 864; 2 Harper and James, The Law of Torts, sec. 28.7, page 1547 (1956); cf. sec. 28.5, page 1542; 65 C.J.S. Negligence § 89, page 1029 (1966); 57 Am.Jur.2d, Negligence, sec. 125, page 475 (1971).

For a general discussion of reasonable foreseeability as an element of negligence, see Calkins v. Sandven, 256 Iowa 682, 129 N.W.2d 1 (1964); Davis v. The Coats Co., 255 Iowa 13, 19, 119 N.W.2d 198, 202 (1963); and Kapphahn v. Martin Hotel Co., 230 Iowa 739, 747, 298 N.W. 901, 906 (1941).

Whether notice or warning should have been given under particular circumstances, like most questions bearing on negligence, is ordinarily for the jury. It is only in exceptional cases that it may be determined as a matter of law. Rule 344(f)(10), Rules of Civil Procedure; Dobson v. Jewell, 189 N.W.2d 547, 556. (Iowa 1971). In considering whether a particular controversy falls within the 'exceptional case' category the evidence must be viewed most favorably for the party against whom a motion to direct a verdict (or motion to dismiss) is made. Rule 344(f)(2), R.C.P.; Nelson v. Iowa-Illinois Gas and Electric Co., 160 N.W.2d 448, 449 (Iowa 1968).

Applying these rules to the case at hand, we hold the trial court properly sustained the motion to dismiss as to defendant Transamerican, but that the ruling in favor of defendant Diamond was error. We discuss the circumstances as they affect each defendant separately.

I. As to Transamerican, plaintiff completely failed to show any duty to warn. The evidence discloses Transamerican had from time to time obtained return cargoes for plaintiff. It assumed no responsibility for the type of freight to be hauled and there is no testimony that it was expected to do so.

Under the record before us, Transamerican simply undertook to bring together a shipper with a cargo and a trucker with an empty...

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  • Fiorentino v. A. E. Staley Mfg. Co.
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    • February 24, 1981
    ...foresee danger of injury or damage to one less knowledgeable unless adequate warning of danger is given." Lakatosh v. Diamond Alkali Co., 208 N.W.2d 910, 913 (Iowa 1973). See also Uloth v. City Tank Corp., supra, 376 Mass. at --- d, 384 N.E.2d 1188; Wolfe v. Ford Motor Co., supra 6 Mass.App......
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    ...is given." Beeman v. Manville Corp. Asbestos Fund, 496 N.W.2d 247, 252 (Iowa 1993) (emphasis added; citing Lakatosh v. Diamond Alkali Co., 208 N.W.2d 910, 913 (Iowa 1973)). See also Duke v. Clark, 267 N.W.2d 63, 65 (Iowa 1978) (holding that a jury question was presented on the adequacy of t......
  • Allen v. Long Mfg. NC, Inc., 2878.
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    ...391, 604 P.2d 674 (1979); Palmer v. Avco Distributing Corp., 82 Ill.2d 211, 45 Ill.Dec. 377, 412 N.E.2d 959 (1980); Lakatosh v. Diamond Alkali Co., 208 N.W.2d 910 (Iowa 1973); Long v. Deere & Co., 238 Kan. 766, 715 P.2d 1023 (1986); Post v. American Cleaning Equipment Corp., 437 S.W.2d 516 ......
  • Petty v. U.S., 83-1696
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    • November 2, 1984
    ...negligence action is triggered by the "reasonable foreseeability" of the particular injury sustained. See, e.g., Lakatosh v. Diamond Alkali Co., 208 N.W.2d 910, 913 (Iowa 1973); Davis v. Coats Co., 255 Iowa 13, 19, 119 N.W.2d 198, 202 (1963). Our prior opinion made it clear that finding "an......
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