Middle District of Alabama Holds That Negligent Hiring/Selection and Wantonness Claims Against Shipper Are Preempted by the FAAAA and Not Saved by the “Safety Exception”

On April 23, 2025, the United States District Court for the Middle District of Alabama held that the plaintiff’s claims for negligent hiring/selection of a motor carrier and for wantonness were: 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 Moseley v. Big’s Trucking, No. 2:23-CV-683-ECM, 2025 WL 1186868 (M.D. Ala., Apr. 23, 2025) .  

In Moseley, the shipper, AmerisourceBergen Drug Corp. (“ABDC”), contracted with a motor carrier to transport a load. That motor carrier subsequently contracted with another motor carrier who was then involved in the subject accident. The plaintiff sustained serious injuries as a result of the subject accident and filed a lawsuit against numerous defendants, including ABDC, claiming it negligently hired/selected the motor carrier. ABDC filed a motion for summary judgment arguing that plaintiff’s negligent hiring/selection and wantonness claims were preempted by the FAAAA and not saved by the “safety exception.”

The district court agreed with ABDC that the FAAAA preempted the plaintiff’s claims and that the claims did not fall within the “safety exception,” even though ABDC served as the shipper who contracted with a motor carrier who subsequently contracted with the at-fault motor carrier. The district court held that “…the Plaintiff attempts to hold ABDC (the shipper) liable for the selection of a motor carrier by an entity at some point in the chain between ABDC and Gray—a claim which is preempted regardless of which entity in the chain made the problematic selection.” Moseley, 2025 WL 11886868, * 6, citing Creagan v. Wal-Mart Transp., LLC, 354 F. Supp. 3d 808, 813 n.6 (N.D. Ohio 2018); Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261, 1266 (11th Cir. 2023); Gauthier v. Hard to Stop LLC, 2024 WL 3338944, at *2 (11th Cir. July 9, 2024).

We continue to recommend that freight brokers and shippers assert the FAAAA preemption defense early, file dispositive motions, and consider filing appeals where appropriate so that other state and federal appellate courts decide this issue, and the Supreme Court of the United States may be inclined to accept a writ of certiorari.