By Gallagher Sharp LLPOn February 27, 2025, the Delaware County Court of Common Pleas held that a plaintiff’s claims for negligent hiring/selection and vicarious liability against Amazon Logistics, Inc. (“Amazon”) were: 1) preempted by the 1994 Federal Aviation Administration Authorization Act (“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 Green v. Amazon Logistics, Inc., Delaware C.P. No. 24 CV C 01 0045 (Feb. 27, 2025).
In Green, the freight broker, Amazon, hired/selected a motor carrier, Sharma Freight, to transport a load. The plaintiff filed a lawsuit against numerous defendants, including Amazon, claiming it negligently hired/selected Sharma Freight and that Amazon was vicariously liable for the truck driver’s underlying negligence pursuant to agency principles.
The court agreed with Amazon, ruling that the FAAAA preempted the plaintiff’s vicarious liability and direct negligence claims and that the claim did not fall within the “safety exception.” The court primarily relied on Creagan v. Wal-Mart Transportation, LLC, 354 F. Supp. 3d 808, 813 (N.D. Ohio 2018) and held that “[t]he safety exception, rather, applies to state law safety regulations, not private tort claims indirectly related to safety. Such a broad holding would result in the exception swallowing the rule.” Green at pp. 5-6.
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.