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Page 2 <br />Mr. Michael Cunningham <br />October 7, 2014 <br />As you may know, Colorado law prohibits vehicles from being driven on any highway for <br />a distance of more than two miles if the vehicle is transporting aggregate materials with a <br />diameter of one inch or less unless the load is covered by a tarp or the truck uses some other form <br />of technology that prevents the aggregate material from escaping the vehicle. (C.R.S. § 42 -4- <br />1407) <br />It is my understanding that Aggregate Industries accepts no responsibility for this incident <br />because the uncovered trucks are operated by an independent contractor. Though it is true, as a <br />general rule, that a company is not liable for the acts of its independent contractor, there are any <br />number of exceptions to this general rule. <br />If a company causes or knows of and sanctions an independent contractor's illegal <br />conduct, the employer is liable. The failure of a contractor to follow safety statutes serves as a <br />basis for the imposition of a duty upon an employer to take the mandated safety precautions or <br />face liability for the contractor's failure to do so. Moreover, an employer is liable for the <br />negligence of its independent contractor if the employer had knowledge of the act and ratified it. <br />It is a general principle of independent contractor law that there exists a nondelegable <br />duty of due care when the contractor's work involves a special risk or danger including work that <br />is dangerous in the absence of special precautions. The imposition of a nondelegable duty of <br />safety on a company that hires an independent contractor reflects the policy judgment that certain <br />obligations are of such importance that companies should not be able to escape liability merely <br />by hiring others to perform them. <br />Highway 285 is a busy commuter corridor. Please do not let Aggregate Industries -WCR, <br />Inc. turn a blind eye to the harm it is causing by passing its responsibilities off on a conveniently <br />unidentifiable independent contractor. The risk of harm to the public is much greater than just <br />broken windshields. <br />Please do not hesitate to contact me if you have any questions or require any additional <br />information. <br />Very truly yours, <br />S N. SCHEFFEL & ASSOCIATES, P.C. <br />Josep A. Weber <br />