ST. LOUIS — The U.S. District Court for the Eastern District of Missouri has denied a Tennessee-based trucking company's motion to dismiss a personal injury claim brought by a motorist whose vehicle was struck by its driver.
In a Feb. 2 order, U.S. District Judge Rodney Sippel held that plaintiff Daniel Branson of Florida was not prevented from pleading negligent hiring, training and supervision.
According to background information in the ruling, Branson claimed that co-defendant Madar Ali of Ohio drove a tractor-trailer into his vehicle causing injury and damage. Branson further claims that Ali had acted within the scope of his employment with FAF when the incident occurred and seeks compensatory damages, court costs, interest and other relief. His medical bills allegedly have exceeded $140,000, the ruling states.
Branson brought his suit under claims of negligence and respondeat superior and negligent hiring and supervision.
This case was originally filed in St. Louis County Circuit Court. With Ali’s consent, FAF removed the case to the Eastern District of Missouri court within 30 days of being served with the complaint on the basis of diversity jurisdiction, the ruling states.
In its answer to Branson's complaint, FAF admitted Ali was an employee acting in the scope of his employment when the incident occurred, but it denied liability for Branson's injuries. In a separate motion, it sought to dismiss claims for negligent hiring and supervision.
Sippel wrote that some judges have interpreted a ruling in McHaffe v. Bunch, where once an agency relationship was admitted, it is an error to permit a separate assessment of fault, as a restriction to be applied at the pleadings stage, "with the purpose of conserving parties' and judicial resources."
"I decline to reach that interpretation," he wrote.
“The holding in McHaffie concerns assessment of fault and submission of evidence at trial. It does not prevent Branson from pleading negligent hiring, training, and supervision.”