M6EC No Unread Replies. No Replies.
Glen Smith contracted with Dave Watson, a common carrier, to transport 720 hives of live bees along with associated equipment from Idabel, Oklahoma, to Mandan, North Dakota. At 9:00 a.m. on May 24, 1984, while en route, Watson’s truck skidded off the road and tipped over, severely damaging the cargo. Watson notified Smith what had happened, and Smith immediately set out for the scene of the accident. He arrived at 6:00 p.m. with two bee experts and a Bobcat loader. The turned-over truck on top of the cargo hindered them, and they determined that they could not safely salvage the cargo that evening. The next day, an insurance adjuster determined that the cargo was a total loss. The adjuster directed a bee expert, Dr. Moffat, to conduct the cleanup; Moffat was allowed to keep the salvageable cargo, valued at $12,326, as compensation. Smith sued Watson for damages. Watson denied liability and further contended that Smith failed to mitigate damages. Decide.