Federal court finds an Exception to Preemption in Case involving Man Seriously Injured in an Accident Involving a Broker, Motor Carrier and Truck Driver

 Posted on October 01, 2020 in Personal Injury

By:  Heather A. Begley

As trucking injury transportation attorneys, we represent individuals from Illinois and nationally who have been injured in motor vehicle accidents involving trucks. Injured plaintiffs are permitted to proceed with lawsuits against brokers in truck accident cases, according to a recent decision in the Ninth Circuit Court of Appeals, Miller v. C.H. Robinson Worldwide, Inc., et al. No. 19-15981 The plaintiff suffered serious injuries when he was struck by a semi-tractor trailer. A freight broker serves as an intermediary between a shipper who has goods to transport and a carrier who has capacity to move that freight. The freight broker in the Miller case, C.H. Robinson, arranged for the trailer to transport goods for Costco Wholesale, Inc. The plaintiff alleged that C.H. Robinson negligently selected an unsafe motor carrier. The United States District Court for the District of Nevada initially dismissed the plaintiff’s claim based on the Federal Aviation Administration Authorization Act of 1994 (the “FAAAA”), finding that state law claims that are “related to a price, route, or service of any… broker” are preempted. The appellate court reversed that finding based on an applicable exception: “the safety regulatory authority of a State with respect to motor vehicles”. Congress intended to preserve the States’ broad power over safety, a power that includes the ability to regulate conduct not only through legislative and administrative enactments, but also through common-law damages awards. This is an important finding on behalf of individuals who are injured in catastrophic motor vehicle accidents involving trucks wherein a broker was used to assist in the transport of goods.