A jury has found freight broker C.H. Robinson Worldwide partially responsible for a deadly 2021 accident involving a motor carrier.
The jury in Dallas County, Texas, awarded a total of $604 million to the plaintiffs after hearing the facts of a multi-vehicle crash that killed three people and injured two others. The motor carrier, Lupus Superior, and the truck driver were also named as defendants.
This ranks as among the largest ever “nuclear verdicts” in the freight transportation space and is the first major case since the U.S. Supreme Court ruled in Montgomery v. Caribe Transport II that freight brokers can be held liable for the negligent hiring of motor carriers involved in crashes.
Court documents showed that the Lupus Superior truck collided with stopped traffic. Arnold & Atkin, the law firm representing the victims, said federal regulators had flagged Lupus Superior for unsafe driving before the crash. They also said that on the night of the crash, the driver told Lupus Superior and C.H. Robinson he was too sick to keep driving.
“Instead of rescheduling the delivery, C.H. Robinson let him press on,” the law firm said in a statement.
“We extend our deepest sympathies to everyone affected by this tragic accident,” said Dorothy Capers, chief legal officer at C.H. Robinson. “We strongly disagree with the verdict in Lipe v. Lupus Superior, LLC, et al. and will immediately appeal. C.H. Robinson should not be held liable and did not act negligently.
Capers added: The carrier had safely delivered nearly 270 loads for our customers and held a satisfactory FMCSA rating when we selected it. That rating remained satisfactory following a federal review of this accident. The carrier [Lupus Superior] is an independent motor carrier, and the driver worked for them. C.H. Robinson does not employ drivers.”
The jury apportioned 45% of the responsibility to the driver, 32% to Lupus Superior, and 23% to C.H. Robinson. The jury also found the driver was acting as a borrowed employee of C.H. Robinson, making the company responsible for 68% of the $604 million verdict.
Chris Burroughs, president & CEO of the Transportation Intermediaries Association, said this incident highlights the “urgent need for greater transparency and modernization in the system and a longstanding and well-documented issue in the motor carrier safety rating process.”
TIA said in a statement Lupus Superior has maintained a “Satisfactory” safety rating since 2014, which was reaffirmed by the FMCSA as recently as April.
The group has petitioned the Federal Motor Carrier Safety Administration to establish a clear motor carrier selection standard and to make a high-risk carrier list publicly available.
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