Ross H. Ronish v. Emmanuel St. Louis, and Rudolph Collicott, and Turner Valley Transport

This case involves an appeal by Turner Valley Transport (TVT) from the judgment of the district court finding it and Rudolph Collicott (Collicott) jointly and severally liable to plaintiff Ross Ronish (Ronish), and denying TVT’s cross-claim for indemnification. The two questions raised on appeal are: (1) whether the district court erred in finding Ronish not guilty of contributory negligence; and (2) whether Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc., 423 U.S. 28 , 96 S.Ct. 229 , 46 L.Ed.2d 169 (1975), mandates that TVT be indemnified from Collicott.

We affirm.

TVT is a Canadian trucking company engaged in the business of transporting commodities for hire. Receiving an order to transport pipe from Canada to Wyoming, TVT contracted orally with Emmanuel St. Louis (St. Louis) for use of a truck-tractor and driver, Collicott, to haul a trailer owned by TVT. Decals with TVT’s name on them were placed on the truck-tractor, and the bills of lading were issued in its name. Neither St. Louis nor TVT, however, obtained permits from the Interstate Commerce Commission (ICC) or Montana, and the oral agreement was never referred to either the ICC or Montana Public…