Difference between revisions of "Frozen Trucker case"

Revision as of 12:50, June 28, 2017

The Case of the Frozen Trucker is not a Sherlock Holmes or Perry Mason story, but an example of an judge refusing to legislate from the bench (see Judicial activism). A rookie trucker whose rig had broken down was stuck in subzero weather and told to remain with his rig until help arrived. The driver reportedly fell asleep in the truck's unheated cabin with only a blanket to keep warm. After nearly three hours, he woke up with parts of his body numb from the cold. Refusing company orders, he unhooked his trailer and drove to gas station. He was fired ("abandoning his load" had something to do with it), but seven years later an appellate court decided in his favor and awarded him back pay and reinstatement. Neil Gorsuch disagreed, arguing, "Our only task is to decide if it was an illegal one [and] the law before us protects only employees who refuse to operate vehicles, period." ^[1]

References