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yep, i do think (in my limited capacity) that you should have somewhat of a strong negligence claim, especially if you can argue that trucking comapanies are common carriers and should be held to the upmost care, you can also establish custom, if the industry standard is to have insurance. but the potential problem with that would be negligence claim rewards compensatory damages, and unless you can claim emotional distress, which requires that you are at the scene of the accident, could have been hurt, and perhaps with proved physical manisfistation.
intentional tort... i thought misrepresentation would more or less be a contracts claim... but if you can claim fraudulent misrepresentation then perhaps there is a case... DISCLAIMER: i am not a lawyer... i'm just offering my opinion... decisions should be made after consulting with a real lawyer... just a student... trying to apply what i'm reading to the fact situation, in preparation for my finals tuesday... =P << i remember someone else in here mentioning res ipsa loquitor... perhaps that person would have more insight // didn't some ppl self identify as lawyers in the what do we do thread??>> |
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