Taylor v. Sethmar Transportation, Inc.
2:19-cv-00770
S.D.W. VaOct 12, 2021Background
- Plaintiff Vanessa Taylor, personal representative of Joseph Savage’s estate, sued after a November 9, 2017 tractor‑trailer crash in West Virginia that killed Savage; driver Alisher Mansurov (nonparty carrier/driver) allegedly lacked a valid commercial license and had multiple prior violations.
- Sethmar Transportation, an Oregon broker, arranged shipment from Halifax, VA to Elkhart, IN for Sunshine Mills and contracted Freight Movers (and allegedly Freight Movers engaged Z Brothers/Mansurov) for carriage; the fastest routes between endpoints pass through West Virginia.
- Taylor pleads negligence/recklessness against the driver and carriers, vicarious liability against the carriers and Sethmar, and negligent selection of contractors against Sethmar; she seeks compensatory and punitive damages.
- Sethmar moved to dismiss arguing lack of personal jurisdiction, improper service, failure to state claims, and FAAAA preemption of the negligent‑selection claim.
- Court considered affidavits and contract proffers but declined to convert the motion to summary judgment; it addressed service and jurisdiction together, then claims and preemption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service of process | Service on WV Secretary of State and later on agent was timely and sufficient; any technical defects are harmless. | Original process had technical defects and later service on an agent was untimely/insufficient. | Technical defects did not prejudice Sethmar; service was adequate if court has jurisdiction. |
| Personal jurisdiction (WV long‑arm & due process) | Broker foresaw shipment would traverse WV (only practical routes), so it purposefully availed itself and contracted to supply services performed in WV. | Sethmar only contracted with Freight Movers and had no contacts with WV; routing through WV was fortuitous. | Plaintiff made a prima facie showing under WV long‑arm statutes and minimum‑contacts for specific jurisdiction; motion denied. |
| Vicarious liability (Rule 12(b)(6)) | Complaint pleads facts showing selection, power to discharge, control over payment/method — supporting principal/agent or master‑servant theory. | Allegations are conclusory and insufficient to show control or employment relationship. | Complaint plausibly alleges sufficient facts to state a vicarious liability claim; motion denied. |
| Negligent‑selection claim / FAAAA preemption | Negligent‑selection is a state safety regulation (common‑law) and falls within FAAAA safety exception; alternatively, it may not be "related to" broker services. | Negligent‑selection is "related to" broker services and thus preempted; safety exception limited to direct motor‑vehicle regulation. | Claim is "related to" broker services but is saved from preemption under §14501(c)(2)(A) as a state safety regulation "with respect to motor vehicles" (covers indirect safety regulation); motion denied. |
Key Cases Cited
- Daimler AG v. Bauman, 571 U.S. 117 (2014) (limits on general jurisdiction)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (purposeful availment for specific jurisdiction)
- Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945) (minimum contacts standard)
- UMG Recordings, Inc. v. Kurbanov, 963 F.3d 344 (4th Cir. 2020) (prima facie burden and consideration of affidavits at pleading stage)
- Consulting Eng'rs Corp. v. Geometric Ltd., 561 F.3d 273 (4th Cir. 2009) (Fourth Circuit factors for specific jurisdiction)
- Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020) (negligent‑selection relates to broker services but saved by FAAAA safety exception)
- Dan's City Used Cars, Inc. v. Pelkey, 569 U.S. 251 (2013) (breadth of "related to" in preemption analysis)
- Rowe v. New Hampshire Motor Transp. Ass'n, 552 U.S. 364 (2008) ("significant impact" test for preemption)
- Morales v. Trans World Airlines, Inc., 504 U.S. 374 (1992) (preemption framework for deregulation statutes)
- Nw., Inc. v. Ginsberg, 572 U.S. 273 (2014) (common‑law claims can fall within "other provision having the force and effect of law")
- Sipple v. Starr, 520 S.E.2d 884 (W. Va. 1999) (elements and standard for negligent selection claim)