A trucking company has lost its bid to force the convenience store chain Kum & Go to cover some of the company’s losses due to a trucker’s theft. An employee of the trucking company had been going to a truck stop in Oskaloosa for several years, using a credit card to get cash that he claimed was going to other truckers for their fuel purchases.
It wasn’t and he was convicted of theft. The man had been using a special computer terminal at the Kum & Go. A new fuel manager at the truck stop noticed the trucker was using that terminal most every day, even on weekends, and taking slips from the terminal to get cash that he claimed to be giving to other drivers.
The trucking company sued Kum & Go, asserting it had been negligent in preventing the theft. The Iowa Supreme Court ruled Kum & Go was a “remote party” to the theft and noted that other courts have addressed and rejected similar claims.