Texas appeals court rejects shipper liability in fatal truck crash

Regulation
โดย FreightWaves·US·Read original
Summary · why it matters

A Texas appeals court has upheld a ruling blocking vicarious liability claims against aircraft manufacturer Atlas Aerospace for a 2018 fatal truck crash, marking the second recent setback in the state for efforts to hold shippers responsible for accidents involving carriers they did not directly hire. The Eighth District Court of Appeals in El Paso found no evidence that Atlas controlled the selection of the trucking company, tractors, or drivers for the shipment from Mexico to Kansas, with Judge Gina Palafox writing that the plaintiffs' evidence amounted to no more than a scintilla. The decision follows a May ruling by the Texas Supreme Court rejecting similar claims against Home Depot in a crash involving a Werner truck. Meanwhile, C.H. Robinson has gone on the offensive after a Dallas County jury returned a $604 million verdict against it in the Lipe vs. Lupus Superior case, publishing a Q&A document this week to rebut industry rumors and reiterating its intent to appeal. The company stated it did not employ or control the driver, had used the carrier for 270 prior loads without incident, and denied claims that it ignored a sick driver or failed to reschedule the load.

Impact on stocks 3

Industrials▼ · 2 stocks
Consumer Discretionary▲ · 1 stocks
The Home Depot Inc
HD
± MixedRegulationrelevance

Mentioned as a prior similar case where Texas Supreme Court rejected claims against Home Depot.

Off-coverage companies 1

Atlas AerospacePrivate▲ Positive
Regulationrelevance

Texas appeals court upheld ruling blocking vicarious liability claims against Atlas Aerospace.

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