NEW ORLEANS – A U.S. District Court judge dismissed negligence claims against a trucking company in a case in which a big rig truck collided with a car in 2017.
U.S. District Court Judge Martin C. Feldman of the Eastern District Court of Louisiana dismissed the plaintiffs' suit against Swift Transportation Co. of Arizona for negligent hiring, training, supervision and entrustment. In his partial summary judgment, the judge said a plaintiff can't simultaneously pursue negligence against an employer for the same incident in which the employer stipulates that the employee acted in the course and scope of her employment.
Kenneth Pigott and Dehendric Bickham filed suit against Swift and Kayla Heath, driver of the truck, over a collision on Nov. 5, 2017. Swift employed Heath to haul Walmart grocery products on a regular route from Swift's Robert, La., terminal. The complaint claims in the process of changing lanes, Health's truck sideswiped a 1997 Buick sedan driven by Kenneth Pigott. Bickham was a passenger in the car.
“Pigott and Bickham sued Heath and Swift in state court, alleging that Heath’s negligence in failing to keep a proper lookout, improper lane change, and careless operation caused the collision," the lawsuit said.
Once the suit was removed to federal court under the diversity jurisdiction on a request filed by Heath and Swift, the plaintiff amended their complaint. They added a claim of negligence by the trucking company. "Pigott and Bickam allege (and Swift has stipulated in its answer) that Heath was operating the tractor trailer in the course and scope of her employment with Swift at the time of the collision," Feldman said in his summary judgment.
The defendants removed the case to U.S. District Court. At that time they amended the complaint to add claims of direct negligence against Swift.
U.S. District Court for the Eastern District of Louisiana case number 18-9438