PAUL MICHAEL WILKES v. CELADON GROUP, INC., et al.

── PAUL MICHAEL WILKES v. CELADON GROUP, INC., et al. ── Case No.: 19S-CT-00564 Court: Indiana Supreme Court Date: December 06, 2021 Author: Justice Geoffrey Slaughter County of Origin: Marion Category: Civil Decision: Affirmed Justice Rush and Justice Massa concur. Justice David and Justice Goff concur in part/dissent in part A commercial truck driver sustained injuries when his cargo fell on him. The issue is whether liability for his injuries belongs to the carrier or the shipper. We adopt the Fourth Circuit’s “Savage rule”, which holds that carriers have the primary duty for loading and securing cargo. If the shipper assumes a legal duty of safe loading, it becomes liable for injuries resulting from any latent defect. But if a shipper’s negligence is apparent, then the carrier remains liable for the injuries.