Al Jessep v. Jacobson Transportation Company, Inc. Shelley Capehart, in Her Official and Individual Capacity
Docket: 03-2005
Court: Court of Appeals for the Eighth Circuit; December 2, 2003; Federal Appellate Court
Al Jessep appealed the district court's summary judgment against him in his claims of breach of contract and violation of 49 U.S.C. § 14103 against Jacobson Transportation Company and Shelley Capehart. Jessep, an owner-operator of a semi tractor-trailer, had a lease agreement with Jacobson requiring him to provide transportation services and abide by their Policy and Procedure Manual, which delineated the consequences of rejecting load offers, including being moved to the bottom of the dispatch list and losing payment for bounce miles.
On September 17, 2001, Jessep was assigned a "driver assist" load but informed Capehart he would not assist in unloading. Capehart equated this refusal with rejecting the load, leading to Jessep not being paid for subsequent empty miles after he accepted another load. Jessep's lawsuit, filed in December 2001, claimed breach of lease and coercion to unload freight, asserting a violation of 49 U.S.C. § 14103(b), which prohibits coercing individuals in transportation to load or unload freight.
The district court granted summary judgment in favor of the defendants, and Jessep appealed. Upon review, the Eighth Circuit affirmed the lower court's decision, noting that the lease clearly stipulated Jessep's responsibility to unload freight, and the manual's provisions regarding refusal of loads were unambiguous. Consequently, Jessep faced only the contractually agreed-upon consequences for his actions.
No violation of 49 U.S.C. § 14103(b) was found, as the statute prohibits only coerced unloading of motor vehicles, not all unloading by drivers. Related statutes require that carriers and drivers establish contractual agreements detailing unloading responsibilities. Specifically, 49 U.S.C. § 14102(b) mandates written specifications for responsibilities in loading and unloading freight when a non-owned motor vehicle is involved, while § 14103(a) states that if a shipper or receiver requires assistance with loading or unloading, they must provide that assistance or compensate the vehicle owner/operator for associated costs. Additionally, 49 C.F.R. § 376.12(e) requires leases to clearly outline responsibilities and compensation for loading and unloading services. Legislative history indicates that § 14103 aims to prevent coercive practices. Jessep's remaining arguments were deemed meritless or improperly raised for the first time in a reply brief. The decision was affirmed by Judge Robert W. Pratt of the United States District Court for the Southern District of Iowa.
