Virginia Lawyers Weekly VA Lawyers Weekly
A professional truck driver’s motion to dismiss the punitive damages claim brought by parties involved in a multicar accident was denied because a reasonable jury could find he acted in a willful and wanton manner by driving too fast for the rainy conditions, despite being instructed to exercise “extreme caution” in “hazardous conditions.”
Background
Judy M. Paul and Andre G.H. Le Doux V filed nearly identical complaints against Western Express Inc., Ervin Joseph Worthy and Roger Dale Hiatt to recover damages for personal injuries resulting from an accident involving multiple cars. Both cases have since been consolidated.
Western Express filed motions to dismiss Paul and Le Doux’s direct negligence claims against it pursuant to Federal Rule of Civil Procedure 12(b)(6). Worthy filed motions to dismiss Paul and Le Doux’s willful and wanton negligence claims for punitive damages against him pursuant to Federal Rule of Civil Procedure 12(b)(6).
Western Express
Paul and Le Doux allege that Western Express violated Federal Motor Carrier Safety Regulation, or FMCSR, § 392.11 by breaching its duty “to require [Worthy’s] observance of the knowledge and skills necessary to operate a commercial motor vehicle safely” before “dispatch[ing]” him. The FMCSRs “provide rules for the commercial trucking industry that are intended to promote highway safety.”
Paul and Le Doux have not alleged sufficient facts to state a plausible claim of direct negligence against Western Express for violating FMCSR § 390.11. Of course, Western Express has a general duty to “exercise due care to avoid injuring” members of the public sharing the roadways with its trucks. But Paul and Le Doux do not allege any facts supporting a reasonable inference that Western Express breached its duty under FMCSR § 390.11 to require Worthy to observe his duties under the FMCSRs.
If anything, Paul and Le Doux allege that Worthy did receive “specialized safety training” regarding the FMCSRs, but “[n]otwithstanding” and “despite” this training, he “consciously chose” to drive in ways that did not conform to the FMCSRs by failing to reduce his speed, continuing to use cruise control and failing to exercise “extreme caution” under “hazardous conditions.” The complaints’ allegations, therefore, are insufficient to state a plausible direct negligence claim against Western Express.
Worthy
Worthy moves to dismiss Paul and Le Doux’s requests for punitive damages. To begin, “punitive damages is not a cause of action subject to dismissal under Rule 12(b)(6).” Assuming that addressing punitive damages at the motion to dismiss stage is proper, “[a] claim for punitive damages at common law in a personal injury action must be supported by factual allegations sufficient to establish that the defendant’s conduct was willful or wanton.”
Where a professional truck driver has “received specialized safety training warning against the very omissions he made prior to the accident,” the Supreme Court of Virginia has held that the issues of willful and wanton negligence and corresponding punitive damages are for the jury. Courts in this district have relied on that decision in denying motions to dismiss willful and wanton negligence claims for punitive damages against professional truck drivers.
Here, Paul and Le Doux allege that Worthy was a professional truck driver who “received specialized training” in applicable safety procedures “contained in” the FMCSRs. Drawing all reasonable inferences in favor of Paul and Le Doux, because Worthy was instructed in and knew about FMCSRs requiring him to exercise “extreme caution” in “hazardous conditions” but nevertheless continued to drive too fast for the rainy conditions, a reasonable jury could find that Worthy consciously disregarded his training in and knowledge of the FMCSRs and thus acted in a willful and wanton manner.
Western Express’s motions to dismiss the direct negligence claims granted. Worthy’s motions to dismiss the punitive damages denied.
Paul v. Western Express Inc., Case Nos. 6:20-cv-00051, 6:20-cv-00052, April 6, 2021. WDVA at Lynchburg (Moon). VLW 021-3-178. 9 pp.
