Overview
Secured a defense verdict for a freight broker in a highly contested wrongful death action in the Circuit Court of Oakland County, Michigan. Plaintiff initially sued the truck driver and trucking company, but later amended the complaint to add the freight broker who the trucking company used to book the subject load. Plaintiff alleged that the freight broker: 1) was actually the motor carrier of the load so that it should be vicariously liable for the truck driver’s negligence, 2) had the right to control, and in fact did control, the work of the trucking company and truck driver so that an agency relationship existed, and 3) negligently hired/selected the trucking company.
Prior to trial, the judge found as a matter of law that the freight broker was not the motor carrier of the subject load and that it did not owe a duty of care to hire or select an independent contractor such as the trucking company. The only issues addressed at trial were whether an agency relationship existed between the freight broker and the trucking company or truck driver and damages as the trucking company and truck driver stipulated to liability. After six days of trial, and the presentation of ten fact witnesses and three experts (two from the plaintiff side), the jury awarded a defense verdict for the freight broker, finding that an agency relationship did not exist between it and the trucking company and truck driver. Because the trucking company and truck driver stipulated to liability, the jury also had to award damages. After plaintiff’s counsel referenced $100 million in voir dire, and suggested in closing that a reasonable award would be $40 million to $80 million, the jury awarded $2 million.
