• By Michael D. Florie

REDEFINING THE SCOPE OF LIABILITY FOR CARRIER ACCIDENTS: CLAIMS AGAINST BROKERS AND SHIPPERS

In the wake of deregulation, claims premised on trucking accidents have become increasingly tangential and, in turn, attorneys have become increasingly creative in application of theories to support these claims. The need to demonstrate liability of an entity with peripheral involvement and ‘deep pockets’ is paramount. This trend has manifested with ...


  • TIA (Transportation Intermediaries Association)

Vicarious Liability is a Reality

On September 28, the Illinois Supreme Court denied a petition by C.H. Robinson to appeal the Illinois Court of Appeals decision upholding a jury verdict against Robinson for $23,000,000 for the death of two persons and the serious injury to...


  • Winston A. Ostrow
  • Posted May 15, 2006

Ruling Increases Shipper Liability

Already facing a shortage of quality motor carriers, a federal court decision compounded problems inherent in the motor carrier industry by opening the door to liability for shippers and brokers who fail to use "reasonable means" to do background checks on motor carriers before they...


Puckrein v. ATI Transport, Inc.

Although an employer is generally not liable for the negligent acts of an independent contractor, there is an exception to this rule where an independent contractor is incompetent. To prevail against the principal for hiring an incompetent contractor, a plaintiff must show that the contractor was, in fact, incompetent or unskilled to perform the job for which...


  • Evan Lockridge
  • Posted March 26,2013

Jury Awards $58.5 Million in Fatal Truck Crash Lawsuit

A jury in a Santa Fe, N.M. district court has awarded what's believed to be one of the largest judgments in New Mexico state history in a lawsuit stemming from a March 2010 crash involving a tractor-trailer that left one four-wheeler dead. The incident occurred on U.S. 62/180 near Carlsbad, N.M., after a truck driver suddenly turned in front of...