Great American Insurance Companies v. Gordon Trucking, Inc.

Plaintiff, Great American Insurance Companies, appeals from a judgment entered in favor of defendant, Gordon Trucking, Inc., after defendant’s motion for summary judgment was granted. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On December 14, 2002, a truck owned by defendant would not start. Art’s Towing towed the truck to the repair yard of Bonander Truck, Inc., at approximately 7:00 p.m. that day. Defendant’s truck was parked near two other trucks, one owned by plaintiff’s insureds, the Gandys. While defendant’s truck was parked at Bonander’s, a fire damaged the three trucks parked in the Bonander yard.

Plaintiff filed its complaint, alleging that the fire originated in defendant’s truck and damaged the Gandys’ truck. The complaint alleges defendants were negligent in transporting defendant’s truck and placing it near the Gandys’ truck “in a condition where it was likely to ignite and cause damage to other vehicles and property,” and defendant was negligent in the maintenance and upkeep of its truck.

Defendant moved for summary judgment, asserting that defendant did not breach any duty it owed to the Gandys and there was no causal connection between its…