Rick Pinto and Aerin Hickey successfully defended Lipsey Logistics in multiple death and injury claims that arose out of an August 2022 trucking accident on Interstate 95 in Halifax County, NC, where a tractor-trailer rear-ended a passenger car that was stopped in the left-hand lane, killing two individuals and significantly injuring three others. Several sets of plaintiffs filed lawsuits in State and Federal Courts against various defendants. Lipsey was a broker for FedEx that placed the business with a motor carrier, Hally Express. The legal issue related to Lipsey was whether the plaintiffs could hold the broker of the shipment liable for claims arising from the alleged negligence of the Hally driver. The law on that question was divided among the various United States Circuit Courts of Appeal. Rick and Aerin argued that federal law preempted state law in the circumstance of this litigation (the Federal Aviation Administration Authorization Act), and that the more well-reasoned federal law is that the broker of the transport – unless they retained control over the means and method in which the goods were transported – could not be held liable.  

Judge Matthew Houston in the two State Court actions agreed, and last week he dismissed all claims pursuant to Lipsey’s motion to dismiss pursuant to Rule 12(b)(6) of the N.C. Rules of Civil Procedure. The cases remain pending against Hally Express and its driver.