Pecan Shoppe of Springfield, Missouri, Inc. v. Tri-State Motor Transit Co.

Transportation company Tri-State Motor Transit Company (Tri-State) (defendant) was certified by the federal Interstate Commerce Commission to transport dangerous commodities. Half of Tri-State’s business consisted of hauling explosives and other dangerous materials. In September 1970, union-represented employees of Tri-State went on strike. After the strike began, people began committing acts of violence against Tri-State, including shooting weapons and throwing rocks at Tri-State vehicles. On September 30, a nonstriking Tri-State employee was driving a Tri-State truck carrying a load of dynamite on a Missouri highway when one of the striking employees shot a rifle at the truck. The shot caused the dynamite to explode, killing the driver and destroying the truck. The explosion also heavily damaged nearby land on which Pecan Shoppe of Springfield, Missouri, Inc. (Pecan Shoppe) (plaintiff) operated a gas station and restaurant. Pecan Shoppe sued Tri-State in Missouri state court to recover for the damaged property. At trial, Pecan Shoppe sought a directed verdict on the issue of liability, asserting that Tri-State was strictly liable for the explosion and resulting damages. The trial court refused to direct a verdict, and the jury ultimately returned a verdict in Tri-State’s favor. Pecan Shoppe appealed. On appeal, Tri-State argued that the trial court had not erred in refusing to grant the directed verdict because strict liability was inapplicable to a common carrier’s transportation of explosives and because the explosion had been caused by the striking employee’s criminal conduct (i.e., shooting the rifle).