Dean McMaster v. Dte Energy Company

Summary

The Michigan Supreme Court held that the Motor Carrier Safety Act did not abrogate a shipper's common-law duty of reasonable care when loading cargo. It adopted the shipper's exception, under which a shipper responsible for loading may be liable for hidden loading defects but not defects readily observable to the carrier or its agents. The Court affirmed summary disposition for DTE because McMaster observed the pipe's position and offered only speculative evidence that concealed material beneath it caused the pipe to fall.