10 Sep Eula Mae Robinett v. Vulcan Materials Company
Calhoun County Circuit Court Settlement of $1,150,000.
Mr. Howard Robinett was killed when a large rock-hauling truck operated byMichael Dale Chapman inexplicably turned left and intoMr. Robinett’s small pickup truck while traveling on Highway 144 in Calhoun County. The driver had a clear view of Mr. Robinett’s truck and could not explain why he failed to see Mr. Robinett. The driver worked for MC Haulers which company was owned by Michael David Chapman. Approximately 90% of MC Haulers’ work as a trucking/hauling company was performed for Vulcan Materials Company. Vulcan had the right to refuse drivers and had the right to direct the drivers when and how to off-load its hauled materials. The Plaintiff was able to show that Vulcan exercised sufficient control over MC Haulers such that Vulcan was responsible for the actions of MC Haulers and its employees even though Vulcan’s contracts identified MC Haulers as an independent contractor.