Morrison Mahoney Partner Sean McDonough and Associate Sarah Mondo recently secured summary judgment in a wrongful death case in federal court against our client, an international transportation and delivery logistics company.
Our client contracted with multiple contract carriers for last mile deliveries. The decedent was operating a motorcycle when he was struck by a truck operated by an agent of a contract carrier after he made his last delivery of the day for the logistics company. The contract carrier tendered its insurance policy limits to the decedent’s estate, and the estate filed suit under the wrongful death statute and alleging conscious pain and suffering against our client logistics company.
In granting the motion for summary judgment the court concluded that once the agent for the carrier made his final delivery he was no longer under contract with the logistic company. Furthermore, the court found that the logistics company did not retain a sufficient right to control the contract carrier or its agent and was not liable for their actions or torts.
