The Outcome: Though the driver was employed by McCarter Electrical, a North Carolina electrical contractor who was performing work at the Flakeboard plant. Suit was brought against each. And while the driver and McCarter Electrical initially denied any responsibility—McCarter Electrical argued that the driver was not working at the time of incident—the jury determined that the driver was in fact working at the time of the incident. They apportioned fault 70% to the driver and McCarter.