Defendant Truck Broker Granted Summary Judgment in Wrongful Death Case, Defeating Plaintiff's Statutory Employment Claim and Claim that Truck Broker Acted as a Motor Carrier

The District Court for the Middle District of Georgia recently granted summary judgment in a wrongful death action for a defendant truck broker who assigned transportation of certain cargo to a motor carrier. The motor carrier, an independent contractor, disclaimed his signature on the written master broker agreement with the truck broker, but the court held there was no issue of material fact for a jury as to the lack of requisite control over the contractor by the broker and that no statutory employment relationship arose. The court further found that the broker was not acting as a motor carrier, even though it "double brokered" the cargo. Finally, the court found that no joint enterprise existed between the two companies for purposes of liability.

Clark v. D&L Trucking, Inc., Irvin, and Universal Am-Can, Ltd., In the Federal District Court for the Middle District of Georgia, Albany Division, Civil Action File No. 1:09-CV-101-WLS (Date of Result: September 22, 2011).

Attorneys for Defendant Universal Am-Can Ltd.: Doug Bennett and Elizabeth Satterfield