Cox v. Total Quality Logistics

Total Quality Logistics (TQL) is a freight broker that arranged for Golden Transit Inc. to transport a load of goods from Illinois to California. TQL selected Golden Transit to transport the load even though public information revealed that the motor carrier was an unsafe carrier with a history of safety violations. A Golden Transit Driver picked up the load on May 7, 2019. The next day, Greta Cox was driving through Oklahoma with her grandson as part of a road trip the two were taking together, when the truck brokered by TQL came barreling towards her. Although Ms. Cox attempted to get out of the way, the truck smashed into her car. Ms. Cox died from her injuries.

Ms. Cox’s widower Robert Cox and her grandson filed suit alleging, among other things, that TQL was negligent in hiring Golden Transit. The district court dismissed the negligent-hiring claim, holding that the claim was barred by the Federal Aviation Administration Authorization Act, which preempts state laws “related to a price, route, or service of any motor carrier … [or] broker.” 49 U.S.C. § 14501(c)(1).

Public Citizen serves as co-counsel for Mr. Cox on appeal.  Our brief explains that the negligent-hiring claim is not preempted because it falls within an exception to preemption for the “safety regulatory authority of a State with respect to motor vehicles,” 49 U.S.C. § 14501(c)(2)(A).