Johnson & Bell shareholders, Greg Conforti and Julie Busch and associate, Nick Sandowski, recently secured a significant client victory in a high-exposure trucking accident case pending in the Cook County Law Division. The firm’s client, one of the largest freight brokerage firms in the US, was sued following a collision between a tractor-trailer and motor vehicle that tragically resulted in one death and serious injuries to four other people. Although the client’s involvement was limited to brokering the load transported by the motor carrier, plaintiffs alleged that the broker breached its purported duty to maintain the tractor-trailer and was vicariously liable for the truck driver’s alleged negligence.
Following the completion of discovery, the J&B team moved for summary judgment, arguing that no agency relationship existed between the broker and the truck driver, that the broker owed no duty to maintain the tractor-trailer, and that plaintiffs’ claims were expressly preempted by the Federal Aviation Administration Authorization Act (FAAAA). The motion remained pending for more than a year while the Court allowed the plaintiffs to undertake added discovery aimed at finding facts precluding summary judgment.
During discovery, the J&B team also established that the plaintiff driver contributed to both the accident and the resulting injuries to the other occupants of her vehicle. As a result, the team pursued a contribution claim against her, prompting her insurer to tender its full policy limits. The motor carrier had previously tendered its entire policy, and the shipper defendant likewise reached a settlement. Our lawyers, however, did not recommend settlement due to the strength of the defense. Due to this fact, and the full tender of available insurance coverage by other responsible parties, the plaintiffs ultimately agreed to dismiss our freight-broker client with prejudice and without any payment by the client, who saw this as a significant win.
Congratulations to Greg, Julie, and Nick for achieving such a great outcome for this client.
