Page:Glacier Northwest v. Teamsters.pdf/44

Rh job.

Where I disagree with the majority is the conclusion it draws from the fact that the batched concrete also risked harm to the drivers’ trucks, at least as alleged in Glacier’s complaint. The majority repeatedly ties the loss of the concrete—in particular, the risk that it would harden in the trucks—to the alleged risk of harm to the delivery trucks themselves. But, to me, the alleged risk of harm to Glacier’s trucks involves a relatively complex factual analysis under the Board’s reasonable-precautions principle.

Glacier alleges that, “[o]nce at rest, concrete begins hardening immediately, and depending on the mix can begin to set within 20 to 30 minutes.” Id., at 8. Its complaint also asserts that “[i]f batched concrete remains in the revolving drum of the ready-mix truck beyond its useful life span, the batched concrete is certain or substantially certain to