Ohio-based freight broker Total Quality Logistics Inc. will again face a suit alleging the company negligently hired an unsafe motor carrier, resulting in a deadly vehicle crash in Oklahoma.
A federal district court dismissed the suit under the Federal Aviation Administration and Authorization Act, which preempts state law regulation of property transportation. But the district court erred in concluding that the act’s safety exception applied, Judge Jane B. Stranch said in an opinion to reverse and remand for the US Court of Appeals for the Sixth Circuit.
A negligent hiring claim against a broker substantively concerns motor vehicles and ...
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