Fernandez v. Anheuser-Busch, Inc

In Fernandez v. Anheuser-Busch, Inc., 10th Dist. No. 01AP-1279, 2002 Ohio 3355, the Court held that a truck driver's negligence claim, based on injuries he sustained after his load shifted and his truck rolled, was properly dismissed on summary judgment where the evidence revealed that he observed the loading of beer kegs into his truck, he visually inspected the loaded pallets and he was experienced in driving loads of palletized kegs of beer. The Court adopted the rule that the shipper is liable for defects that are latent and concealed and cannot be discerned by ordinary observation by the agents of the carrier; if the improper loading is apparent, however, the carrier will be liable notwithstanding that the shipper was negligent.