Case:
Plaintiff v. Smith Transportation, Inc., et al.
Practice Area:
Attorney(s):
Plaintiff Counsel:
Hoskins Turco Lloyd and Lloyd
Result:
Motion to Dismiss Granted
Summary:
Stuart Partner Nora Bailey prevailed on a Motion to Dismiss in a trucking/personal injury matter styled Plaintiff v. Smith Transportation, Inc. Our client, a transportation broker, was sued for personal injuries after the Plaintiff was injured while unloading a truck carrying a load that our client had brokered. We obtained a dismissal of the counts against our client via a Motion to Dismiss. Our Motion was based upon the fact that the tort claims against our client arose from services provided as a transportation broker and were accordingly preempted by the Federal Aviation Administration Authorization Act (FAAAA). The trial court agreed and dismissed the Plaintiff’s claims against Smith Transportation in their entirety. Read More.
