Court Dismissed Several Counts Against Transportation “Broker” on Basis of Vicarious Liability, but Held that Issue of Negligent Entrustment of Driver May Ultimately Go to Jury

In a tragic, fatal collision between a tractor trailer and a passenger vehicle, which was disabled after striking a deer, the issue presented to the court was relative to whether a “broker” company that arranged for the specific motor carrier to ship items was vicariously responsible for the conduct of the driver. As to the driver’s conduct, the court denied the plaintiffs’ motion for summary judgment, finding that there remained an issue of fact as to whether the circumstances required the truck driver to slow down. The key holding was where the court dismissed the claims as to vicariously liability and negligent hiring, selection, retention and supervision of the driver because they were not found to be the driver’s employer. The court did, however, hold that, since the broker company controlled the shipping activity, they could be liable under a theory of negligent entrustment. 

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