As he loaded an entertainment center into the U-Haul trailer he had rented, James Hefley noted a lack of internal tie down points in the trailer and improvised by securing the entertainment center with three rachet straps he attached to the trailer’s outer edges. When the entertainment center fell out of the trailer on a highway, its 30-pound base flew through the air and crashed through Maria Federici's windshield, hitting her across the eyes.
As a result of the accident, the bones in Maria’s face were completely shattered. She suffered permanent brain damage, the loss of both eyes, and her senses of taste and smell, among other impairments. Even after seven reconstructive surgeries, her face bears little resemblance to how it looked before the accident. Maria, who lives with her mother, now requires a service dog to get around and hopes to soon be able to live on her own.
Shortly after the accident, Maria and her mother were referred to AAJ member Simon Forgette of Kirkland, who took her case after examining the U-Haul trailer involved and seeing clear indications that it was unsafe for do-it-yourself movers. Together with Seattle attorney William Leedom, Forgette filed suit on behalf of Maria against U-Haul and Hefley.
In addition to claiming each party acted negligently, Maria’s suit also claimed that U-Haul’s “RO model” trailer was not reasonably safe as a result of its low tailgate and the absence of internal tie down points, and that U-Haul failed to warn renters that large items can fall out of an open trailer. “U-Haul failed to provide any instructions to renters regarding how cargo loaded into RO trailers could be secured,” Forgette says. “U-Haul’s load restraining safety system consisted primarily of leaving it up to the do-it-yourself mover to secure the load.”
Maria’s accident was widely reported in the local media, and interest in the case was reignited before the trial, when the court refused to admit evidence that Maria—who had one glass of wine the evening of the accident—had a blood alcohol level over the legal limit, presumably a key piece of U-Haul’s defense strategy.
Forgette believes it is important for people to know exactly why the evidence was kept out. The computer enzyme analyzer used by the hospital to analyze blood assigns the same color marker to a chemical known as NADH as it does to alcohol, then prints results based on the color detected by the machine. “When you lose as much blood as Maria did, your body produces the chemical NADH,” Forgette said. “The hospital’s analyzer wrongly read the NADH in Maria’s blood as alcohol.”
-Taken from Woman’s traumatic highway accident exposes dangers of unsecured loads, inspires new laws
Federici v. U-Haul Intl., Wash., King Co. Super., No. 06-2-11563-5 SEA, Nov. 9, 2007.
1. What are U-Hauls responsibilities as the bailor?
2. What are Hefley's responsibilities as the bailee?
3. Given what you know about this case, what would be your verdict?
4. Why?
1.) As the bailor, U-Haul's responsibilities include making sure that the truck has meet regulation standards and is safe for "do it yourselfers".
ReplyDelete2.)As the bailee, Hefley's responsibilities include not to destroy the property and make sure that the property gets back to the owner.
3.-4.) Well, the prosecution must give all evidence over to the defense, even if the evidence will seen be void. Hefely should be partly responsible because he was not warned that the entertainment center could fall out. He also was not required to make sure that it was safe, though he saw that there weren't many internal tie down points. He also noted this down and still drove the truck. With the information I was given with this case, Maria would win because of her extensive injuries to the face and her senses.
Four Characteristics
Delete1. personal property
2. temporary transfer of possession
3. temporary transfer of control
4. parties intend the goods to be returned
My sister borrowed my laptop to do a project. She returned it.
1. As a bailor, U-Haul should provide information on how to secure large items into an open trailer.
ReplyDelete2. As a bailee, Hefley was supposed to keep the trailer intact and not damaged while renting.
3. Maria would win because Hefley knew there was a lack of internal tie downs to secure his entertainment center yet he still strapped it in. U-Haul also should have informed renters of how to secure large items to the trailer. Also, the defendants also mis-read her blood as having alcohol in it. She had no fault in this situation.
1. Personal property
Delete2. Temporary transfer of possession
3. Temporary transfer of control
4. Items to be returned
I let my sister momentarily use my phone to call someone. It was my personal property, I gave her possession for a moment, she had control of the phone as she called and she was planning on returning it to me.
The U-Haul must be presented in good working condition and the person renting must return it in good working condition. The renter should have given a proper warning as well as a functioning vehicle and they fell through. Hefely should be able to sue the trucking company.
ReplyDeleteWhen I baby sit i become responsible for the house and the kids while the parents are away. When they come back they pay me and I leave the house in good condition. Bailments are personal property that must be returned.The possession and control is temporarily transferred.
Delete1.) As the bailor, U-Haul's responsibilities include making sure that the truck has meet regulation standards and is safe for "do it yourselfers".
ReplyDelete2.)As the bailee, Hefley's responsibilities include not to destroy the property and make sure that the property gets back to the owner.
3.)maria would win because hefley knew that the car was not safe and could not be properly secured.
when i had to give a teacher my shoe for a pencil if i didn't give back the pencil i wouldn't get my shoe back
Delete1.) TO make sure that the truck is safe and is certified and safe.
ReplyDelete2.)To not to destroy the property and make sure that the property gets back to the owner.
3.) I would go in favor of The women who's face got crushed because although the truck company had its fault of a shortage of latch locks, it was James Fault that he did not contact the truck compamy and demand a truck that had the requirements it was supposed to have.
1. Uhaul should of said how to strap in bigger things.
ReplyDelete2. He should of kept his trailer together while renting it.
3. Maria would have definatley won because of her extensive injuries to her body
when i have taken my dads car out and he had control of where i went and what time i had to be back.
Delete1. Personal property
Delete2. Temporary transfer of possession
3. Temporary transfer of control
4. Items to be returned
1. U-Haul should have provided instruction on how to load large loads.
ReplyDelete2. Hefley was suppose to keep the trail intact and the load in the trailer secured.
3. Maria would will this case because Hefley did not secure the entertainment system properly. Though U-Haul should have provided instructions Hefley did not call or return to U-Haul for help or instructions.
U-Haul has to make sure the bailee (Hefley) knows how to properly operate and keep the truck safe, as well as provide the means to make any cargo safe. The bailor is ultimately responsible for any property that goes into the truck, so long as they have been told how to properly keep it safe. My verdict would be that U-haul should pay Maria because they didn't tell Hefley how to operate the truck and keep the cargo safe. Hefley should be kept out because it was U-Haul's fault the cargo fell out of the truck.
ReplyDeleteCharacteristics:
Delete1. Personal Property
2. Transfer of Possession
3. Transfer of Control
4. Expectation of Return
Bailment: I lent my phone to a friend and expected them to return it.
U-Haul's responsibilities include making sure that the truck has meet regulation standards and is safe for the person(s) using the vehicle.
ReplyDeleteHefleys is to return the truck to the owner in the same condition in which it was received
Maria would win because Hefley knew there was a lack of internal tie downs to secure his entertainment center yet he still strapped it in. U-Haul also should have informed renters of how to secure large items to the trailer. Also, the defendants also mis-read her blood as having alcohol in it. She had no fault in this situation.
Personal property
DeleteTemporary transfer of possession
Temporary transfer of control
Items to be returned
1. as the bailor U-Haul should have made sure everything was made clear and easy for do it yourself movers.
ReplyDelete2.as the bailee Henry just needed to load everything in and return the truck.
3&4 I would side with maria because it wasn't her fault at all. it was U-hauls fault for making an unsafe vehicle. even if she was under the influence of alcohol that still doesnt play a factor in something flying out of a truck.
i once let a friend borrow an xbox game for one of his. if either of us messed up the game, we would keep eachothers.
Delete1. personal property
2. posession
3.use
4.epected return
1) It was U-Haul's responsibility to make sure the truck was safe to use and met with the regulation standards for "do-it-yourself" movers.
ReplyDelete2) It was Hefley's responsibility to make sure the load in the truck was secure.As well as making sure the U-Haul truck gets returned to the company when done using it.
3-4) I believe that Maria would win the case given that Hefley did not secure the load properly but still drove the vehicle. Also, U-Haul did not make sure the truck met the needed requirements to provide a safe use.
Bailment Situation - I asked my boyfriend if I could borrow his phone to call someone. He gave up possession and use and I would have to return it to him the same way I received it.
DeleteThe four characteristics :
1. Transfer of Possession
2. Transfer of Use
3. Has to be returned the same way it was given
4. It is personal property
As a bailor its U-hauls responsibility to make sure that the truck is meeting their standards, and also safe for when people to move or haul their items around.
ReplyDelete- The Bailee Hefleys responsibilities are to not ruin the property and make sure the truck is returned.
- Maria would win because Hefley knew that the truck wasnt safe and could not be secured.
1.) As a bailor, They should of made sure it was safe and secured properly on the vehicle.Also inform them how to safely put large items into the open trailer.
ReplyDelete2.) As the bailee, they had to make sure that nothing was destroyed and that everything made it back to the owner safely.
3.) I think that Maria would win because she was the victim of this case and has every right to sue them because of them she can no longer see, smell, or taste along with other impairments and its all because they didn't explain to them how to safely but a large item on the open trailer or how to secure it safely on and make sure that it wouldn't fall off but i did and in not doing a good job of what they were suppose to do a lady was greatly injured by that mistake and carelessness.
I lent my friend a book for about a week and then the following week i got the book back and she benefited because she got to read the book.
Delete1.) personal property
2.) possession
3.) control
4.) intend to have the good retuned
1.) As Bailor, The U-Haul Should give or Let people know how to secure Large items onto the truck to provide a safe way for people to do it themselves
ReplyDelete2.) As Bailee, He had was held responsible for NOT destroying or damaging while he was Renting it.
3.) Maria, Would win because she was Not warned that there was a problem with Tie downs to make sure the equipment, Also They should of told anyone who was renting how to properly secure items 1
1.)When my friend takes my phone to read my messages, she benefits by finding out things, but i expect it back in the same condition she took it from me
Delete2.) Possession and Use
Has to be returned
Personal Property
Mutual Agreement
This comment has been removed by the author.
ReplyDelete1. U-Haul being the bailor should give clear instructions to people so they know how to safely and correctly secure all cargo so it is safe enough to travel to the destination.
ReplyDelete2. Hefleys job is to return the truck to the owner in the same condition it was when it was given to him.
3. Maria would win because Hefleys was very aware of the fact that there was not many internal tie downs to safely secure the entertainment center even though he tied it down. U-Haul should have given instructions to renters on how to properly secure large items.
I lent my mom money so she could get something from the mall. She paid me back the same amount.
Delete1. Personal Property
2. Transfer of possession
3. Transfer of control
4. Parties intend for the goods to be returned
1. All conditions of the truck should be up to par in safety for the user.
ReplyDelete2. There is nothing wrong with the truck and everything is in mint condition in order for the truck to be operated.
3. Hefley should be charged for not making sure of the conditions of the truck before it is able to be used.
I have been involved in a bailment situation. I lend $20 dollars to my mother for laundry to be done. 3 weeks later, she returns the money to me. I gave her a whole $20 bill and she returns the $20 in $10 bills. It is still the same amount of money owned.
DeleteThe for characteristics of a bailment are possession, use, a mutual agreement, and the return of the property.
1 U-Haul's responsibilities include making sure that the truck has meet regulation standards and that it is safe.
ReplyDelete2 Hefley's responsibilities include to not to destroy the property, and to make sure that the property gets back to the owner.
3 & 4 The prosecution must give all evidence over to the defense, even if the evidence will seen be void. Hefely should be partly responsible because he was not warned that the entertainment center could fall out. He also was not required to make sure that it was safe, though he saw that there weren't many internal tie down points. He also noted this down and still drove the truck. With the information I was given with this case, Maria would win because of her extensive injuries to the face and her senses.
I have been involved in a bailment situation. I lend $20 dollars to my mother for laundry to be done. 3 weeks later, she returns the money to me. I gave her a whole $20 bill and she returns the $20 in $10 bills. It is still the same amount of money owned.
DeleteThe for characteristics of a bailment are possession, use, a mutual agreement, and the return of the property.
1. U-Haul's responsibilities are to make their trucks reasonably safe for people who are doing this themselves, give clear instructions on how to do things safely and warn them of any potential hazards.
ReplyDelete2. Hefley's responsibilities are to make sure the property is returned in the same condition it was given to him by the owner.
3.-4. Maria will win because Hefley knew about the safety hazards and did not do or say anything to prevent this from happening and it resulted in bodily harm to Maria.
1. Personal Property
Delete2. Use (temporary)
3. Expectation to be returned
4. Temporary possession