Fuelling v. Echo Global Logistics

This case concerns a highway crash that killed James Fuelling.

Echo Global Logistics is a freight broker that arranged for S&J Logistics to transport a load of goods from Georgia to Pennsylvania. Echo selected S&J Logistics to transport the load even though public information revealed that the motor carrier was an unsafe carrier with a history of safety violations. On January 4, 2022, one of S&J Logistics’ owners drove the load brokered by Echo northbound on Interstate 85 in South Carolina. The S&J Logistics trailer that the driver was hauling was at least seven months beyond its required annual inspection date, and its brakes were not functioning. The driver, who was speeding and not paying sufficient attention to the road, smashed into the vehicle in front of him when traffic on the highway slowed due to construction. Mr. Fuelling, a passenger in the vehicle, was severely injured in the crash and died on the scene.

Mr. Fuelling’s widow filed suit alleging, among other things, that Echo was negligent in hiring S&J Logistics. 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 Ms. Fuelling on appeal.  Our brief explains that the negligent-hiring claim is not preempted because it falls within a statutory exception to preemption for the “safety regulatory authority of a State with respect to motor vehicles,” 49 U.S.C. § 14501(c)(2)(A).