Pro driver can't avoid punitives claim.

Byline: Virginia Lawyers Weekly

A professional truck driver's motion to dismiss the punitive damages claim brought by parties involved in a multicar accident was denied because a reasonable jury could find he acted in a willful and wanton manner by driving too fast for the rainy conditions, despite being instructed to exercise "extreme caution" in "hazardous conditions."

Background

Judy M. Paul and Andre G.H. Le Doux V filed nearly identical complaints against Western Express Inc., Ervin Joseph Worthy and Roger Dale Hiatt to recover damages for personal injuries resulting from an accident involving multiple cars. Both cases have since been consolidated.

Western Express filed motions to dismiss Paul and Le Doux's direct negligence claims against it pursuant to Federal Rule of Civil Procedure 12(b)(6). Worthy filed motions to dismiss Paul and Le Doux's willful and wanton negligence claims for punitive damages against him pursuant to Federal Rule of Civil Procedure 12(b)(6).

Western Express

Paul and Le Doux allege that Western Express violated Federal Motor Carrier Safety Regulation, or FMCSR, 392.11 by breaching its duty "to require [Worthy's] observance of the knowledge and skills necessary to operate a commercial motor vehicle safely" before "dispatch[ing]" him. The FMCSRs "provide rules for the commercial trucking industry that are intended to promote highway safety."

Paul and Le Doux have not alleged sufficient facts to state a plausible claim of direct negligence against Western Express for violating FMCSR 390.11. Of course, Western Express has a general duty to "exercise due care to avoid injuring" members of the public sharing the roadways with its trucks. But Paul and Le Doux do not allege any facts supporting a reasonable inference that Western Express breached its duty under FMCSR 390.11 to require Worthy to observe his duties under the FMCSRs.

If anything, Paul and Le Doux allege that Worthy did receive "specialized safety training" regarding the FMCSRs, but "[n]otwithstanding" and "despite" this training, he "consciously chose" to drive in ways that did not conform to the FMCSRs by failing to reduce his speed, continuing to use cruise control and failing to exercise "extreme caution" under "hazardous conditions." The complaints' allegations, therefore, are insufficient to state a...