Good Day Everyone!

I always get a kick out of sending our Bits N Pieces in July because it confirms to us that no one is working! I never get so many out of office emails as I do this month. I hope you are all having fun.

This month we report:

CVSA RESULTS. CVSA did an unannounced brake inspection this month. Almost 1,600 commercial motor vehicles with critical brake violations were put out of service. Fifty-two U.S. and Canadian jurisdictions conducted 11,531 roadside inspections on commercial motor vehicles and removed 1,595 vehicles with brake violations. 13.8 percent of the total number of vehicles inspected was placed out of service for brake violations.

ANTI-INDEMNITY. Rhode Island has signed into law a bill to prohibit indemnification clauses in trucking contracts. The rule outlaws provisions in contracts that provide for shippers to be indemnified for losses caused by their own negligence. This is good for truckers and insurers alike. States yet to adopt protections are Delaware, Mississippi, New Hampshire and Vermont.

18 YEAR OLD DRIVERS. The DOT has announced a pilot program that will allow military veterans and reservists who are 18-20 years old to operate large trucks in interstate commerce. A 60-day notice of the pilot program was released by the DOT. The pilot program will drop the minimum age for a commercial driver’s license in interstate commerce from 21 to 18 for those who possess the U.S. military equivalent of a CDL.

In other driver news the FMCSA published a proposal rulemaking that would eliminate eight instructional units from the required theory curriculum for individuals upgrading from a Class B CDL to a Class A CDL, concluding that these drivers were already advanced enough on these topes. The proposed topics of instruction that would be removed are located in the theory instruction portion of the Class A training curriculum, specifically, Section A.1.5, “Non-Driving Activities.”

The topics are:

• Handling and Documenting Cargo;
• Environmental Compliance Issues;
• Post-Crash Procedures;
• External Communications;
• Whistleblower/Coercion;
• Trip Planning;
• Drugs/Alcohol; and
• Medical Requirements.

CSA CHANGES. The FMCSA will not be implementing proposed enhancements to CSA. FMCSA issued a notice on July 10 that it was forgoing the proposed changes which included changes to the intervention thresholds, revisions to HAZ MAT BASIC and an increase in the maximum VMT.

HIGHWAY INFASTRUCTURE The Conditions and Performance Report of our transport system was recently released by the FHWA. The report was broken down into two chapters: freight transport and conditions and performance of the network. Of the 57,600 bridges along the freight network, 4.3 percent are structurally deficient. Nearly 31.5 percent of bridges on the network are 51 years old or older, and more than half are 26-50 years old. hat is an improvement compared with the national average of bridges on all roads. Of the 615,002 bridges throughout the U.S., nearly 9 percent are structurally deficient with nearly 40 percent older than 50 years old.

The report also addresses the congestion in the US. The top ten locations in 2014 are: Atlanta: I-285 at I-85 (north), Chicago: I-290 at I-90/I-94, Fort Lee, N.J.: I-95 at SR 4, Louisville, Ky.: I-65 at I-64/I-71; Houston: I-610 at US 290; Houston: I-10 at I-45, Cincinnati: I-71 at I-75, Houston: I-45 at US 59, Los Angeles: SR 60 at SR 57 and Houston: I-10 at US 59

As far as moving freight, trucks still lead the way, moving 64 percent of freight by tonnage and 69 percent of freight by value and growth is expected to continue by 45 percent by 2045 and the value of freight to increase by 84 percent. Comparatively, the weight of freight for all modes collectively is expected to increase by 40 percent, with the value forecasted to increase by 92 percent. Air freight value is expected to more than triple by 2045. To view the full report, click here.

Current Cases

AUTO
An insurance broker was spared the potential for liability for failure to procure adequate insurance for a trucker when the injured plaintiff failed to file the suit within the statute of limitations. The broker allegedly failed to make sure that the trucking company had an MCS-90 on the policy and the plaintiff was only permitted to recovery the policy limit of $100,000. The Eastern District of Virginia held that the statute of limitations started running when the policy was issued without the endorsement and not when the accident occurred. Penn v. 1st Southern Insurance Services, 2018 WL 3468366

An agent and an insurer were granted judgment on a claim that they failed to properly insure certain vehicles. The insured had entered into a settlement agreement, which it assigned to the injured plaintiff for recovery against the insurer and agent. The supreme court in Utah held as the insured suffered no actual damages there could be no claim against the broker for providing the insurer with the wrong schedule of vehicles. The insurer was held to have no vicarious liability for the actions of the agent. Espenschied Transport Corp. v. Fleetwood Services, 2018 WL 3322746

Werner Enterprises was afforded summary judgment on direct negligence claims when it agreed that it was vicariously liable for the actions of the driver. The Northern District of Texas did not accept the plaintiff’s argument that the federal safety regulations created a private cause of action, Fuller v. Werner Enterprises, 2018 WL 3548886

The New York Commercial Drivers Manual can be used by an expert as a basis for an expert opinion on the applicable standard of care with respect to the safe operation of a commercial vehicle. The guidance cannot be classified as a law or regulation. Hood v. Sellers, 2018 WL 3429708

One motor carrier is seeking recovery against its insurer on the basis that the insurer failed to promptly settle an underlying personal injury action. While the District Court in Texas held that the motor carrier had no claim for breach of a duty under the Stowers doctrine to settle but that it could continue its claims for violation of the Texas Insurance Code and breach of contract.  Medallion Transport & Logistics, LLC v. AIG Claims, 2018 WL 3249708

A motor carrier’s efforts to have a personal injury action dismissed on the grounds that the plaintiff failed to show the required $75,000 injury failed in the Middle District of Georgia. As plaintiff showed that he had suffered $300,000 in lost wages and over $100,000 in medical expenses the required amount was met. Hicks v. Stamper, 2018 U.S. Dist LEXIS 118752

A direct action will not lie against an insurer in Oklahoma when the motor carrier is not registered in that state. The Western District of Oklahoma rejected an argument that registration under the UCR constituted registration in every state for the purposes of the Oklahoma Direct Action statute Harness v. TWG Transportation 2018 WL 3318955

Texas also would not allow for a direct action by an injured plaintiff absent a judgment against the motor carrier. Plaintiff tried to circumvent the requirement of a judgment against the motor carrier by arguing that it was a third party beneficiary of the obligation of the insurer to defend and therefore could seek a declaration that the insurer had to defend. The court of appeals in Texas said no. Durham v. Hallmark County Mutual Insurance Co. 2018 WL3469257

After suffering the impact of a 32.5 million verdict a motor carrier was hit again with prejudgment interest in the amount of 4.8 million. The Indiana Court of Appeals held that the plaintiff met the requirements of the Indiana statute allowing for prejudgment interest by making an offer to settle within the time limits of the statue and granting the appropriate time for a response, which was not made. J.B. Hunt v. Zak, 2018 WL 3450523

A motor carrier was granted summary judgment on a suit seeking damages for a rear end collision. The Southern District of Alabama held that there was inadequate evidence that the driver failed to act reasonably in trying to avoid the rear end collision. The Court also held that the motor carrier was not liable for negligent failure to inspect the brakes. Smith v. Liquid Transport Corporation, 2018 WL 3432532

The District Court of New Jersey denied a plaintiff’s effort to obtain summary judgment against a motor carrier on the theory that the motor carrier violated the careless driving statute. The court held that there was insufficient evidence to support such a conclusion, also allowing plaintiff’s BAC to be admitted into evidence, and denied plaintiff’s request for a spoliation ruling against defendant. Ortiz v. Adams, 2018 WL 3410027

A plaintiff was precluded from seeking to file a claim against a liability truck insurer when the plaintiff failed to have a judgment against the motor carrier. The Appellate Division in New York held that plaintiff could not assert a claim of fraud simply based upon the fact that plaintiff had a difficult time ascertaining who the insurer was. Carr v. Haas, 2018 WL 3383595

Following a bench trial in the Southern District of Indiana the court held that a motor carrier was vicariously liable for the negligence of a truck driver. The driver, who looked down trying to find his cell phone, struck and injured the plaintiff. Verdict was rendered for $500,000 for the injuries suffered. Smith v. Triple B Trucking, 2018 WL 3424302.

Over in the Louisiana Court of Appeals the appellate court upheld a jury verdict against a truck driver and a motor carrier for a fatal truck accident. The motor carrier itself was found 90% at fault for putting a 6-7 year old thrice treaded and plugged tire on the truck which blew and caused the incident. Mouton v. AAA Cooper, 2018 WL 3454989

While another Louisiana Court of Appeals upheld a defense verdict concluding that a driver and his trucking company, also AAA Cooper, were not liable for injuries plaintiff claimed she suffered when the driver allegedly backed into her. The Court disagreed. Mace v. Turner, 2018 WL 3479226

A driver and his employer were also granted summary judgment in a personal injury action where the plaintiff ran a red light. The court held that there simply was no evidence that the truck driver was inattentive, driving too fast or failed to react properly. Bravo v. Hernandez, 2018 WL 3357779

A motor carrier was found not to be liable for injuries suffered when a driver struck the plaintiff’s home resulting in substantial damage to the home. The accident was caused when the driver suffered a fatal heart attack and lost control of the vehicle. Following a bench trial in Pennsylvania the court concluded that this was an unforeseen event and liability would not be assessed against the motor carrier. The court also held that plaintiff failed to establish the necessary elements for negligent or fraudulent misrepresentation when plaintiff claimed that the motor carrier agreed to pay for the damages. Knight v. J.B. Hunt, 2018 WL 3454026

Last month we reported on a case asserting liability against a truck driver for failing to check to see if there was anyone sleeping under his truck before he moved it (see last month’s Bits N Pieces). This month the Eastern District of Tennessee concluded that the plaintiff could not assert a claim for negligence per se based upon the federal motor carrier safety regulations. The court held that it did not give rise to a private cause of action and therefore could not support such a cause of action. Steinberg v. Luedtke Trucking, 2018 WL 3233341

Judgment was affirmed against a motor carrier for damages suffered when an oil tanker overturned and spilled onto the plaintiffs’ property. The Supreme Court in Maine held that the plaintiff was not required to show a specific depreciation in the market or rental value of the property because the interference was more than mere physical discomfort or mental annoyance. West v. Jewett & Noonan Transp., Inc., 2018 ME 98

A trucking company was successful in having a personal injury suit dismissed following a failure of the plaintiff to respond to discovery. The Western District of Louisiana held that the plaintiff was given more than enough time to respond to the demands. Cascio v. Balkan Express, 2018 U.S. Distr LEXIS 119648

CARGO
Does a contributory negligence statute apply when a cargo claimant seeks recovery both from the motor carrier it hired as well as a second party who was involved in a truck accident? The District of Nebraska held that it does. The court rejected the plaintiff’s argument that a contributory negligence statute was preempted by the Carmack Amendment, concluding that its application did not prevent the shipper from recovering its Carmack damages. Plaintiff’s recovery against the remaining defendant was reduced by the proportionate share of liability of the settling Carmack defendant, and not just the settlement amount. The court also granted summary judgment to the Carmack carriers on the cross-claim for contribution brought by the co-defendant.  Certain Underwriters at Lloyds v. Southern Pride Trucking, 2018 WL 3158821

The steps necessary to support a default judgment on a Carmack claim were set forth by the Northern District of Texas. As the plaintiff was able to sustain its burden of proof it was successful in obtaining the judgment. Interface Printers,  LLC v. BGF Global, LLC., 2018 U.S. Dist LEXIS 115344

The Carmack Amendment preempts claims for mental anguish. However the Middle District in Louisiana held that the motor carrier was not entitled to judgment on its limitation of liability as it failed to sustain its burden of proof that it had complied with the requirements necessary to invoke the limitation. Diezelski v. All My Sons Moving & Storage of Baton Rouge, Inc., 2018 U.S. Dist LEXIS 105698

Worker’s Compensation
We routinely see multiple companies set up by one principle to cover various services related to a business. In the District Court in New Hampshire the court considered whether a trucking company would be entitled to the defense that worker’s compensation was the exclusive remedy when the injured party worked for one company while helping the truck driver put chains on his truck. The court held that there were questions of fact as to whether the companies were alter egos (which would allow for the remedy to apply) or whether the borrowed servant rule applied to the parties involved. Young v. Douchette, 2018 WL 3321435

The Court of Appeals in Kansas held that the Worker’s Compensation Board lacked the jurisdiction to set aside an award entered by an Administrative Law Judge. The court held that the motor carrier failed to contest the award before the ALJ and therefore could not seek to have it set aside. Castaneda v. ALG Transport Services, 2018 WL 3320932

The Appellate Court in Illinois held that a truck driver failed to establish that the repetitive action of opening and closing a trailer door which was not working properly actually caused work related damages. Campbell v. Illinois Worker’s Compensation Board, 2018 IL. App(3d) 170725

Jury Verdicts
$101,000,000 – A truck accident resulted in a verdict of $101 million for a tractor-trailer accident the first place. The jury in the district court in Upshur County, Texas found the trucker to be 70 percent at fault and the trucking company 30 percent responsible for the crash. The trucking company was found to have violated its own procedures in hiring and retaining the driver. Patterson v. Acker

$0 – defense verdict in Montgomery County Pennsylvania – The plaintiff claimed defendant motor carrier negligently moved its truck when she was trying to pass, The jury found that the defendants were negligent but that their negligence was not a cause of bringing harm to the plaintiff and returned a defense verdict. McMearty v. Pegler

$823,046 – rear end collision in Los Angeles County, California. Plaintiffs’ struck in the rear by truck. Garcia v. Hernandez

Enjoy summer. See you next month

Dear Subscribers

As we head into the 4th of July holiday I want to take a moment to thank all those you serve our country, whether in the military, the police or just generally in society to make the world a better and safer place. It is because of these people that we get the pleasure of celebrating the holiday (even if it does fall in the middle of the week). Thanks

Hopefully everything is quieting down as we move into the thick of summer. We hope you all find some time to relax and enjoy.

This month we report the following:

HOURS OF SERVICE. A new bill, the Honest Operators Undertake Road Safety or HOURS Act – was introduced to exempt drivers hauling livestock or agricultural products from the HOS rules within 150 air miles of the source of their load. It would exempt short-haul trucking operations from the ELD mandate if they operate exclusively within 150 air-miles of their reporting location and complete their work day in 14 hours. Additional components would require drivers to only verify the start and end time of their daily on-duty period

In related news the FMCSA issued some guidelines on the existing HOS regulations:

150-air-mile radius agricultural-commodity exemption

FMCSA is issuing Regulatory Guidance to Section 395.1. Questions 34, 35, 36, and 37 were added to clarify the exception with regard to:

1. Drivers operating unladen vehicles traveling either to pick up an agricultural commodity or returning from a delivery point;
2. Drivers engaged in trips beyond 150 air-miles from the source of the agricultural commodity;
3. Determining the “source” of agricultural commodities under the exemption; and
4. How the exemption applies when agricultural commodities are loaded at multiple sources during a trip.

Personal conveyance
FMCSA is replacing Question 26 of the regulatory guidance for Section 395.8. The revised text includes numerous examples to assist carriers and drivers in knowing whether the driver qualifies to operate the truck or bus for personal conveyance.

A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier, regardless of whether the vehicle is laden. Previously, drivers could only log “off duty” for personal conveyance if the vehicle was unladen. The new guidance describes seven scenarios when the provision may be used and eight when it does not apply.

DRIVER TURNOVER. The ATA reports that driver turnover rate for large truckload carriers rose to 94 percent in the first quarter of 2018, which was a 6 percent increase from the previous quarter. According to figures released by the Federal Motor Carrier Safety Administration, there are 449,000 new entry-level CDL holders and 98,000 reinstatements every year. Turnover rate at small truckload carriers went down to 73 percent. With the high turnover and tight capacity it is important to look at the caliber of the driver stable when considering the risk to be underwritten

NATIONAL HIRING STANDARD The House of Representatives approved an amendment to the recently passed Federal Aviation Administration (FAA) reauthorization bill that establishes national standards for shippers and intermediaries to follow when hiring truckers to move freight. If this gets passed the shipper/broker or other transportation intermediary will only have to confirm that the motor carrier is properly licensed, has adequate insurance, and has a better than “unsatisfactory” rating We anticipate a big fight on this amendment.

MEDICAL EXAMINERS REGISTRY The website is moving toward functionality. Commercial motor vehicle drivers can now search for a certified medical examiner and verify that he or she is still on the national registry.

CURRENT CASES

Cargo

A motor carrier was allowed to invoke a tariff requirement that a claimant arbitrate any cargo loss. The District Court in New Jersey held the plaintiff’s suit should be dismissed and sent to arbitration. Alfa Adhesive v. A. Duie Pyle, 2018 WL 2317352

The Southern District of Florida dismissed an action against a motor carrier seeking recovery for damage to freight transported in interstate commerce. The Court concluded that while the shipment was transported from Missouri to Florida, there was no personal jurisdiction over the defendant hired to transport the shipment. High Tech v. Beth Trans., 2018 U.S. Dist LEXIS 96060

Preemption can be waived. The Southern District in California held that a motor carrier had waived the defense of preemption when it was not raised in an initial motion to dismiss. Interestingly the court held that the decision did not matter as it did not believe that state law claims were preempted by ICCTA. Meadowgate Technologies v. Fiasco Enterprises, 2018 WL 3032589

Whether payment of a cargo claim to one party constitutes an accord and satisfaction for any other party was held to be a question of fact in the District Court in Arizona. The Court also dismissed state law claims under the Carmack preemption doctrine. Hartford Fire Ins. Co. v. 3DL Design 2018 WL 2387930

As long as the plaintiff has sufficiently pled in the complaint that a defendant acted as a carrier, a motion to dismiss will not be granted in the Northern District of Illinois. The Court allowed the action to proceed and even allowed an alternative pleading of a state law claim, concluding that a non-carrier is not permitted to avoid liability for its own actions by claiming the only claim is one under Carmack. Codon Forsikring v. Conglobal, 2018 WL2560992

Western District of Louisiana upheld the preemptive effect of Carmack granting the plaintiff an opportunity to amend the complaint to assert a Carmack claim. Reclaimed Goods v. Frisard’s Trucking Co., 2018 WL 2771426.

AUTO

The Supreme Court of Wyoming reversed the summary judgment granted by the trial court to a motor carrier following a truck accident. The Court held that the plaintiff had shown that the act of parking a tractor-trailer on the shoulder of an interstate highway created a reasonable foreseeability of increased risk of injury and remanded the case back for a trial. There was a strong dissent to the opinion. Wood v. CRST, 2018 WL 2753132

An indemnity clause in a contract between a trucker and its customer was at issue in the Northern District of Illinois The Court held that the shipper’s demand for indemnity could not be readily resolved when there was a question of fact as to whether the indemnity agreement was conspicuous and whether the motor carrier was aware of the terms of the indemnity. Old Republic General Insurance Co. v. Martin Marieta Materials, Inc. 2018 WL 2417851

The complaint does not specifically have to allege a monetary demand to be removed to federal court. The Northern District in Alabama held that where the compensatory damages at issue exceeded $22,676.96, the plaintiff’s allegations seeking punitive damages against the trucking company would triple that number, establishing the requisite amount for jurisdiction. Hawes v. Bailey, 2018 WL 2445688

Carmack preemption for a personal injury claim! The District Court in Nebraska held that the plaintiff, who was injured when unloading cargo, was preempted from bringing any claim against the motor carrier for improper loading. The Court held that there was no separate and independent actionable harm that was distinct from the damage to the goods. Fergin v. Westrock Company, 2018 WL 3032551

Is he or isn’t he an employee? The District Court in Maryland held that an owner/operator under lease to a motor carrier was an employee for the purposes of a personal injury claim. The Court denied summary judgment to the motor carrier concluding that there was factual questions on whether there was logo liability or vicarious liability for the negligence of the driver. White v. Date Trucking, 2018 WL 2462921

Even if a claim is below the policy deductible an insurer can be subject to bad faith claim for failing to promptly settle a loss. The Western District of Kentucky held that when the insured had a $3 million deductible but had not registered as a “self-insurer” the primary insurer was still subject to a possible bad faith claim. As there was a question of fact on whether the insurer acted reasonably in its settlement efforts the motion for summary judgment was denied to the insurer. Morris v. Zurich American Ins. Co, 2018 WL 3025528

Figuring out who is at fault in multi-vehicle accidents is often difficult. The Southern District of Indiana granted summary judgment to one trucker following extended discovery which failed to support any claim that at least that the trucker was without fault. Kline v. Gemini Transp., 2018 U.S. Dist LEXIS 104440

A trucking company was denied summary judgment when the driver drove over the leg of a plaintiff who was sleeping under the truck. The Eastern District of Tennessee held that the driver could have a duty to verify that there was no potential hazard before he started moving the truck in the early hours of the morning. Steinberg v. Luedtke Trucking, 2018 WL 2449194

The 11th Circuit found that a motor carrier and its driver were insured under a policy issued to the trailer owner, regardless of whether they were held to be using the tractor. As the accident was held to arise out of the use of tractor and the trailer they were insured under the primary policy, then triggering coverage under the excess policy Great American Ins. Co. v. Moore Freight Service, 2018 WL 2752473

A motor carrier was successful in invoking the sudden emergency doctrine in the Court of Appeals in California. The Court held that a truck driver who had the right of way had no reason to anticipate road rage or that cars merging on a freeway would unsafely merge and jam on the brakes. Shiver v. Laramee, 2018 WL 2928178

A truck driver who was sued by another truck driver sought contribution from the plaintiff’s employer under the Illinois Joint Contribution Act for negligent training. The Court dismissed the claim, concluding that absent evidence that the trucking company had a requirement that it train and schedule a driver it owed no duty to do so. Ribartis v. CPC Logistics 2018 Il. App. (2d) 170574.

Plaintiff was unable to overturn a defense verdict in the 11th Circuit. Plaintiff argued that the police officer investigating the accident should have been permitted to testify as to his conclusion as to cause – which was that it was the fault of the driver. The court held that the officer was not an expert and that his opinion would have to be based upon specialized knowledge that only an admitted expert could testify about. His testimony was limited to his personal inspection. Cardona v. Mason & Dixon Lines, 2018 WL3017433

Worker’s Compensation

The 10th Circuit remanded an action by a driver seeking recovery against his employer’s parent company for injuries suffered on the job. The court held that the District Court failed to consider persona or identity of employer’s parent company to determine whether it was acting in role of employer and hence entitled to the exclusive remedy provision of the Oklahoma Administrative Workers’ Compensation Act which shielded employer’s stockholders from employee claims arising out of workplace injury if they possessed persona that was not independent from that of employer Odom v. Penske Truck Leasing Co., 2018 WL 3029161

A truck driver driving his bobtailing vehicle from his home was entitled to worker’s compensation benefits for injuries he suffered when driving home. The Supreme Court in Kentucky found that at the time he was injured his services qualified for the “service or benefit to employer” exception and were work related under the “traveling employee” exception. The court concluded that the injuries occurred during the “necessary and inevitable” act of returning from the journey he undertook on behalf of his employer. First Class Services v. Gural 2018 WL 2988129

The 9th Circuit rejected a broker’s request that application of Washington’s worker’s compensation act against brokers and freight was preempted by FAAAA. Delivery Express, Inc. v. Sacks 2018 WL 3081435

The Texas Supreme Court refused to allow a worker’s compensation insurer to place a lien on proceeds received for a third party settlement. When the policy included an endorsement waiving carrier’s right to recover from third party sued by claimant it was held to also preclude carrier’s recovery from any settlement the third party paid to claimant. Wausau Underwriters Insurance Co. v. Wedel, 2018 WL 2750567

The Southern District in West Virginia denied summary judgment to a motor carrier who sought the protection of the exclusive remedy of the state’s workers compensation act. The Court addressed the various factors which can be shown to establish the steps necessary to show an “intent to cause injury” which would permit a direct suit against the employer, concluding that there were questions of fact which would require a jury’s input. Toth v. A&R Logistics 2018 WL 2976427

The Court of Appeals in Texas concluded that an employer was entitled to assert worker’s compensation as the exclusive remedy for the plaintiff’s injuries. As the plaintiff was unable to support a claim of gross negligence the suit was dismissed. Godines v. Precision Drilling Co., 2018 WL 2460302.

In a related case the Court also held that the land owner where the property was being moved owed no duty to the plaintiff and there was no evidence of gross negligence. Godines v. Precision Drilling Co., 2018 WL 2460303

Jury Verdicts

Cook County, Ilinois. Pedestrian struck by tractor trailer. The plaintiff alleged driver was negligent in failing to yield to a pedestrian, failing to signal his intention to make a right turn, and failing to come to a complete stop. The defendant denied liability and claimed the plaintiff was comparatively negligent. A jury determined the plaintiff was 35 percent negligent. The plaintiff was awarded damages in the total amount of $1,898,000. The award was reduced to $1,233,700 per the negligence apportionment Rodriguez v. Fore Transp., 2018 WL 3014328 (2018)

District Court of Oklahoma, Tulsa County. Police officer injured when struck by a CMV. At the time of the accident, driver reportedly was an employee of West Coast Transportation Inc. (WCT), owned by Horace Modlin, and Possum Trot Xpress (PTX), owned by Marvin Piguet, and working within the scope of his employment or agency with them. WCT filed a motion for summary judgment, arguing it had no involvement in the subject accident or control over driver. WCTthe driver’s wife The court granted summary judgment to WCT and dismissed the defendant from the case. The matter was resolved by a $95,000 settlement between plaintiff and remaining defensdant. Elias v. West Coast Transport, 2018 WL 2738844