Jones v. C.H. Robinson Worldwide, Inc.

• Court: U.S. District Court — Western District of Virginia
• Writing for the Court: Glen E. Conrad
• Citation: Jones v. C.H. Robinson Worldwide, Inc., 558 F.Supp.2d 630 (W.D. Va. 2008)
• Decision Date: 10 June 2008
• Docket Number: Civil Action No. 7:06CV00547.
• Parties: Winford Dallas JONES, Plaintiff, v. C.H. ROBINSON WORLDWIDE, INC., Defendant.

558 F.Supp.2d 630

Winford Dallas JONES, Plaintiff, v. C.H. ROBINSON WORLDWIDE, INC., Defendant.

Civil Action No. 7:06CV00547.

United States District Court, W.D. Virginia, Roanoke Division.

June 10, 2008.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Gary Clay Hancock, Timothy Edmond Kirtner, Gilmer, Sadler, Ingram, Sutherland & Hutton, Pulaski, VA, for Plaintiff.

Paul C. Kuhnel, Robert Michael Doherty, Wooten Hart PLC, Roanoke, VA, for Defendant.

MEMORANDUM OPINION

GLEN E. CONRAD, District Judge.

This personal injury action arose out of a serious accident involving two tractor-trailers. This matter is before the court on the plaintiffs motion for partial summary judgment, the defendant's motion for summary judgment, the plaintiffs motion in limine, the defendant's motion in limine, the defendant's motion to exclude the testimony of Thomas M. Corsi, Ph.D., the defendant's motion in limine to permit evidence regarding plaintiffs settlement with AKJ, and the defendant's motion in limine to exclude evidence regarding proposed safety ratings for AKJ. Although the court announced its findings in open court in order to permit the parties to prepare for the imminent trial date, the court announced that it would file a memorandum opinion in support of its oral findings and conclusions. The parties' motions will be addressed in turn.

FACTUAL BACKGROUND

On the night of September 12, 2004, the plaintiff, Winford Dallas Jones, a West Virginia resident, was traveling southbound on 1-81 in Wythe County in a tractor-trailer owned by his employer. Traveling northbound was a tractor-trailer owned by AKJ Enterprises, Inc. ("AKJ"), which was driven by Kristina Arciszewski. As the two tractor-trailers approached one another from opposite directions, Arciszewski's tractor-trailer abruptly crossed the median and struck Jones's tractor-trailer head-on. Arciszewski died at the scene, and Jones suffered serious injuries, including a concussion and multiple fractures in his right arm and left leg.

Jones filed this diversity action on September 11, 2006. The following individuals and/or entities were named as defendants: Loretta D'Souza, a Florida resident and the personal representative of Arciszewski's estate; AKJ, the Georgia trucking company which owned the tractor — trailer that Arciszewski was driving; Elson and Dionnie Bolar, the owners of AKJ; and C.H. Robinson Worldwide, Inc., a Minnesota motor carrier broker with whom AKJ had a contractual relationship and which has offices in Norfolk, Richmond, and Roanoke, Virginia. The complaint included the following claims: negligence, negligent hiring and supervision, negligent entrustment, violations of the Federal Motor Carrier Act, and violations of the Federal Motor Carrier Regulations.

None of the parties save C.H. Robinson Worldwide, Inc. ("Robinson") were served. Ultimately, the plaintiff voluntarily dismissed defendants Loretta D'Souza, AKJ, and Elson and Dionnie Bolar. Robinson then filed a motion to dismiss all the claims against it. The court granted the motion with regard to the plaintiffs claims under the Federal Motor Carrier Act and the Federal Motor Carrier Regulations. The remaining claims (negligence under a theory of respondeat superior, negligent hiring and supervision, and negligent entrustment of an activity) survived the motion to dismiss. Robinson has also filed a third party complaint against AKJ and Elson and Dionnie Bolar in which it requests indemnification under the Contract Carrier Agreement signed by the parties.

After conducting extensive discovery, Robinson filed a motion for summary judgment with regard to all the remaining claims, Jones filed a motion for partial summary judgment with regard to the claims of negligent hiring and supervision and negligent entrustment assuming that the court determines that AKJ and Arciszewski were independent contractors of Robinson, Robinson filed several motions in limine with regard to the exclusion of evidence at trial, and the plaintiff filed a motion in limine with regard to the exclusion of evidence at trial. Jones also requested the court to find as a matter of law that Arciszewski was negligent in causing the accident. The parties appeared before the court at a hearing on all of these motions.

DISCUSSION

I. Motions for Summary Judgment

A. Standard of Review

Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is properly granted if "there is no genuine issue as to any material fact and ... the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). For a party's evidence to raise a genuine issue of material fact to avoid summary judgment, it must be "such that a reasonable jury could return a verdict for the non-moving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In deciding a motion for summary judgment, the court must view the record in the light most favorable to the non-moving party. Terry's Floor Fashions, Inc. v. Burlington Industries, Inc., 763 F.2d 604, 610 (4th Cir.1985). When a motion for summary judgment is supported by affidavits or other evidence as provided for in Rule 56, the opposing party may not rest upon the allegations in the pleadings and must, instead, present evidence showing that there is a genuine issue for trial. If the adverse party fails to present such evidence, summary judgment, if appropriate, should be entered. Fed.R.Civ.P. 56(e); Atkinson v. Bass, 579 F.2d 865, 866 (4th Cir.), cert. denied, 439 U.S. 1003, 99 S.Ct. 615, 58 L.Ed.2d 679 (1978).

B. Negligence of Kristina Arciszewski

As previously stated, Kristina Arciszewski was the driver of the AKJ tractor trailer which struck the plaintiffs vehicle when the AKJ vehicle crossed over the median on 1-81. Jones asks the court to find that Arciszewski was negligent in the operation of the tractor-trailer involved in this accident and that her negligence was a proximate cause of the collision. The plaintiff contends that, because there is no evidence to indicate that he was negligent or that there was any cause for the crash other than the negligence of Arciszewski, the court should find as a matter of law that Arciszewski negligently caused the accident in which he was injured. Robinson has noted no opposition to the plaintiff's motion.

Eyewitness accounts indicate that Arciszewski's tractor-trailer suddenly left its lane of travel and crossed the median, striking the tractor-trailer driven by Jones head-on. See Plaintiffs Memorandum in Support of Motion for Summary Judgment, Exhibits 2-4. In fact, one witness stated that she observed Arciszewski attempt to exit the interstate prior to the collision and abruptly re-enter the highway from the exit ramp without signaling. See Plaintiffs Memorandum in Support of Motion for Summary Judgment, Exhibit 2. The Police Crash Report for this incident also indicates that "[i]t appears that the main causative factor of the crash was error or inattention of the driver of Vehicle # 1," and that Arciszewski was a new driver for the company, thus "inexperience might have also been a contributing factor." See Plaintiffs Memorandum in Support of Motion for Summary Judgment, Exhibit 1.

The court concludes that the evidence clearly establishes that Arciszewski was at fault in causing the accident that resulted in the plaintiffs injuries. The eyewitnesses all indicated in their affidavits that the tractor trailer driven by Arciszewski abruptly crossed over the median without warning and struck the tractor trailer being driven by Jones. There is no evidence to indicate that the plaintiff, or any person or instrumentality other than Arciszewski, was at fault in any way. Therefore, the court concludes as a matter of law that Arciszewski was negligent and that her negligence was a proximate cause of the accident.

C. Negligence/Respondeat Superior

Jones has alleged that AKJ and Arciszewski were agents, servants or employees of Robinson, that Arciszewski was negligent in operating the tractor-trailer which was involved in the accident, and that Robinson is, therefore, subject to vicarious liability for that negligence. The defendant contends, however, that it is not subject to vicarious liability in this instance because AKJ and Arciszewski were independent contractors, not employees, of Robinson.

The April 19, 2001 Contract Carrier Agreement between Robinson and AKJ contains the following relevant provisions:

1. SERIES OF SHIPMENTS AND ROBINSON'S DISTINCT NEEDS

... Carrier agrees to provide service designed to meet the unique, distinct and continuing transportation service needs of Robinson and its Customers, which include but are not limited to the following: providing flexible contract freight rates which may be amended through a simplified notice provision; providing Certificate of Insurance to Robinson; Carrier's agreement to issue invoices to and to accept payment from Robinson, rather than from the shipper or receiver; participating with Robinson to use various means of communications and transmitting information to permit the tracking and tracing of shipments accepted by Carrier; and the occasional granting of other business considerations.

. . .

4. CARRIER'S SERVICE WARRANTIES

. . . Carrier agrees that neither Robinson nor its Customer is responsible for paying the involved driver's salary, wages, compensation or charges, nor are either responsible for Workmen's Compensation coverage or any taxes based on salary, wages or compensation. Carrier agrees to provide and maintain the necessary equipment and to provide all fuel and pay all expenses necessary to operate the equipment, and Carrier agrees that in no instance shall Robinson or its Customer be responsible for any of the expenses. Carrier represents that the transportation will be performed without violating local, state or federal laws or regulations, and that Carrier has complied and will comply with all laws and...