By Gallagher Sharp LLPOn June 14, 2024, the Franklin County Court of Common Pleas held that the plaintiffs’ negligent selection claim against Landstar System, Inc. and Landstar Ranger, Inc. (collectively “Landstar”) was: 1) preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) found in 49 U.S.C. § 14501(c)(1), and 2) not saved by the “safety exception” found in 49 U.S.C. § 14501(c)(2)(A). See Williams v. Mila Transp., LLC, Franklin C.P. Nos. 23 CV 007722, 23 CV 007859 (Jun. 14, 2024).
In Williams, the plaintiffs were three occupants in a minivan that struck the rear end of a tractor-trailer owned by Mila Transportation, LLC and driven by its employee, James Bates. The plaintiffs alleged Landstar brokered the load involved in the subject accident and that Landstar negligently selected Mila Transportation as the motor carrier. Landstar moved to dismiss the plaintiffs’ negligence claims, arguing the claims were preempted by the FAAAA and not saved by the “safety exception.”
The state court agreed with Landstar, ruling that the FAAAA preempted the plaintiffs’ negligence claims and that the claims did not fall within the “safety exception.” Notably, the court relied on the growing precedent in Ohio federal courts that have consistently found that the “safety exception” does not apply to common law negligence claims against freight brokers. See Creagan v. Wal-Mart Transportation, LLC, 354 F. Supp. 3d 808, 813 (N.D.Ohio 2018); Lee v. Werner Enterprises, Inc., 2022 WL 16695207, at *4 (N.D.Ohio Nov. 3, 2022). The court reasoned that such claims do not regulate motor vehicles, but rather impose duties on brokers regarding how they arrange transportation, which falls squarely within the FAAAA’s preemption clause.
Whether a case is filed in federal court or state court, we recommend asserting the FAAAA preemption defense early and file dispositive motions so both state and federal courts can decide this issue. We also recommend filing appeals where appropriate. The more appeals to state and federal courts, the more likely the Supreme Court of the United States may finally accept a writ of certiorari or decide to review a state court decision.
5/14/2026