A Washington County, Arkansas jury recently issued a defense verdict in favor of our client in a wrongful death shipper case. The plaintiff alleged that our client, a shipper, was responsible for an accident caused by a motor carrier and its driver. After the motor carrier’s driver crossed the center line, the driver of the other vehicle was killed. After a week-long trial, the jury agreed with our client on all counts and found that the motor carrier was not the agent of our client, and our client did not negligently hire, retain, and/or supervise the motor carrier.

The case was tried by Partners Barrett Deacon, Kevin Riley, Lauren Baber, and Andrew J. Upton, with the assistance of associate Elli Archbold, and the rest of the Fayetteville office team.  

This case is part of a growing trend following the United States Supreme Court’s ruling against preemption in Montgomery v. Caribe Transport II, LLC, where plaintiffs are increasingly exploring additional parties that can be added to lawsuits arising from accidents involving motor carriers, and seeking to recover from them. As we move forward, the transportation industry and defense counsel should be aware of these trends and additional interest in pursuing claims against brokers and shippers.

Personal injury plaintiffs still have to prove that the broker or shipper acted wrongly or was negligent; nothing has changed in that regard. But thorough preparation and focused case strategy can lead to successful defense, even in cases involving significant injury. Helping the jury understand the distinctions between shippers, brokers, motor carriers, and drivers, and the different duties owed by each, as well as the industry standard, is increasingly important in this new age of transportation litigation.