![subler app subler app](https://img4.orsoon.com:8901/pic/202007/31084148_b159480573.jpeg)
Subler later amended its complaint to claim expenses, attorney fees and indemnity for the damage to the sugar which Subler was required to pay Colonial. This action was commenced against Industrial by Subler initially for replevin. In a disagreement over who would pay the damage and the expenses, Industrial refused to release the sugar. At the direction of Subler's agents, who agreed to pay, machines and men were assembled by Splittorff to salvage the sugar, right the trailer and store the undamaged sugar in Industrial's warehouse. on Saturday, an adjuster, Gary Adams, appeared at the accident, and both he and Splittorff called one Jim Galike of Subler. That night, more heavy rains fell and damaged some of the sugar. After examinations were made, Frame told him to wait until morning and that someone would get in touch with him. Splittorff called Subler immediately and talked to one David Frame. Prior to this incident, Splittorff testified that he had never seen water over the parking area. This parking area was designated as a parking area on the lease. Though admitting they had made no examination of the subsurface for holes, drains, lines or installations, Industrial's officers had no notice of any defects. Industrial did not own the premises, but had leased it and commenced business there in 1982, the year before. This evidence is corroborated by photographs. Breaks radiated from the hole which was punctured by the landing gear. An examination of the hole revealed a large cavity several cubic feet in size beneath the concrete pad which contained water. Heavy rains had fallen in the area in the previous months. The immediate cause was that the left landing gear had broken through the surface, thereby causing the trailer to tilt and fall. At approximately 6:00 o'clock p.m., the trailer fell over on its left side. Plaintiff's officers testified that it was customary in the industry to do so. Zoll and his superior, Splittorff, testified that under those conditions, they never put blocks or pads under the landing gears and had never seen it done more than once or twice. The surface of the terminal in that parking area was blacktop over a thick pad of concrete. Being finished with his work week, Zoll went home at 4:00 or 5:00 o'clock p.m. Without unhooking the air hoses or electrical conduits, Zoll also pulled the tractor up the necessary few inches which would permit the service to be performed. Pursuant to instructions and because the tractor needed service, Zoll pulled the pin on the fifth wheel and raised the tractor on its legs, called landing gears, which were appended near the front of the tractor and had large square shoes on their bases.
![subler app subler app](http://s2.glbimg.com/Vagll2bNkXlCU9PXfhIhXr9uaMo=/298x0/http://s.glbimg.com/po/tt2/bt/7e/0/0/3370e956012eda79123139268817.png)
Zoll drove the tractor, trailer and cargo to Industrial's terminal in Evansville and parked it. Subler officials stated that this was all right and that Zoll need not call on Saturday or Sunday. Unable to unload Central's cargo as well, Zoll, who was required to call Subler every 24 hours, called Subler and explained that the cargo could not be unloaded until Monday. However, Creasey, whose portion of the cargo was located in the rear of the trailer and would have to be unloaded first, would not accept delivery because it was past 1:00 o'clock p.m. Zoll arrived in Evansville on Friday afternoon, April 29. The driver, Malcolm Albert Zoll, drove the tractor, trailer and cargo to Evansville where the cargo was destined for delivery to two firms, Creasey and Central.
![subler app subler app](https://www.saashub.com/images/app/context_images/39/4b6487bd8105/subler-alternatives-medium.png)
It was loaded on the same day and in good condition in paper sacks.
![subler app subler app](https://apps4mac.com/wp-content/uploads/2019/06/gemini-mac-screenshot-01-850x550.png)
The 42,000 pound cargo, when added to the weight of the vehicle, created a gross weight of 70,000 pounds. Subler possessed Interstate Commerce Commission (I.C.C.) permits, and Industrial did not. The purpose was to transport a cargo of sugar from Gramercy, Louisiana to Evansville, Indiana, on behalf of shipper Colonial Sugars, a customer of Subler. On April 28, 1983, Industrial trip leased a tractor and semitrailer, together with its driver, to Subler. (Industrial), recovered on their counterclaim for damages incurred and arising out of plaintiff's amended complaint based on negligence, bailment and contract indemnity. Splittorff (Splittorff) and Industrial Transport Services, Inc. (Subler), appeals a set-off judgment rendered by the Vanderburgh Circuit Court without jury wherein defendant-appellees, Frank W. Plaintiff-appellant, Carl Subler Trucking, Inc.