This case is the companion follow-up case to a matter called Mann Adm’r v. Emiabata d/b/a Nova Express (see VLW 017-3-408), which also settled for $550,000.00.
After settling with the motor carrier’s insurer, the three plaintiffs involved in the Nova Express litigation each sued C.H. Robinson, the broker who hired Nova Express to transport the load. Plaintiffs’ expert, Dr. Corsi, reviewed Nova Express’s FMCSA safety profile and BASIC scores and found that Nova’s scores were so low that it qualified as a “high risk” carrier. C.H. Robinson’s internal documents provided additional evidence upon which Dr. Corsi based his opinion that a reasonable broker would not have hired Nova Express.
The Mann case settled following the district court’s 7/27/17 decision denying defendant’s motion for summary judgment in which defendant argued that 1) the negligent hiring claim was completely preempted by the FAAA; 2) the claims were barred by conflict preemption because Congress passed the FAST Act questioning the reliability of FMCSA’s BASIC scores; and 3) that plaintiff’s expert should be excluded. The court granted plaintiff’s Daubert motion to exclude defense expert, David Griffin, on the issue of standard of care.
Type of action: Wrongful Death
Injuries alleged: Negligent hiring of motor carrier by freight broker
Name of case: Mann Adm’r v. C.H. Robinson Worldwide, Inc.
Court: US District Court for the Western District of Virginia
Case no.: 7:16-cv-102
Date resolved: Aug. 31, 2017
Verdict or settlement: Settlement
Attorneys for plaintiff: Michael G. Phelan, Richmond; James C. King, Jasper, AL
Plaintiff’s experts: Thomas Corsi, Ph.D. – Truck broker standard of care
Defendant’s experts: David Griffin, Transportation Safety Services – Broker standard of care
Insurance carrier: Self-Insured