Grefe & Sidney PLC recently issued the following announcement.
Mark Thomas and Aaron Lindebak represented two transportation brokers, AIT Worldwide Logistics, Inc. (“AIT”) and Total Quality Logistics, LLC (“TQL”) in a wrongful death case in the Southern District of Iowa. TQL was hired by AIT to obtain motor carriers to carry freight. TQL then hired IEX Xpress Inc. to carry the freight. IEX Xpress then hired, without TQL’s knowledge or consent, International Eagle Xpress, Inc. Mr. Chiarelli was then hired by International Eagle Xpress, Inc. to drive the truck carrying the freight. While the freight was in route, an accident occurred resulting in the death of Plaintiff Adam Wolf. The Estate of Adam Wolf brought claims against AIT and TQL for negligent selection, negligent supervision, wrongful death, and loss consortium. Plaintiff also claimed that AIT owed a non-delegable duty as a motor carrier to Plaintiff.
The Southern District of Iowa granted summary judgment to AIT and TQL on Plaintiff’s claims for wrongful death, negligent selection, negligent supervision, and wrongful death. The court found no evidence that AIT or TQL hired Mr. Chiarelli or International Eagle Xpress. The court also found that there was no evidence that TQL or AIT had an agency relationship with Mr. Chiarelli or International Eagle. As to the negligent selection and negligent supervision claims, the court found no evidence that either entity hired Chiarelli or International Eagle or had any agency relationship with Mr. Chiarelli or International Eagle.
The court also granted summary judgment in favor of AIT on the non-delegable duty claim, finding that AIT was not a motor carrier as defined under the Federal Motor Carrier Safety Regulations but instead was a broker. The court reasoned that since AIT was a broker, not a motor carrier, AIT was entitled to summary judgment.
Original source can be found here.
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