Archive | November, 2013

Can a Claim of Negligent Entrustment, Hiring or Retention Survive Motion for Summary Judgment if the Carrier Admits Respondeat Superior?

November 20, 2013

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In Kelley v. Blue Line Carriers, 300 Ga. App. 577, 580-581 (2009), the Georgia Court of Appeals held: “”. . . when an employer admits the applicability of respondeat superior, it is entitled to summary judgment on claims for negligent entrustment, hiring, and retention. The rationale for this is that, since the employer would be liable […]

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Case can be removed to Federal Court more than one year after commencement, if Plaintiff acts in bad faith.

November 7, 2013

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In an interesting trucking case from Georgia, Cameron v. Teeberry Logistics, 920 F. Supp. 2d 1309 (2013 N.D. Ga.) the district court permitted removal of a case filed in Troup State Court over a year after it was filed alleging that the amount in controversy was less than $50,000.  Through discovery it was revealed that […]

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Finding More Insurance Coverage in Trucking Cases

November 5, 2013

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“If you have a situation where the trailer owner is different from the tractor owner, be sure to secure the insurance policy for the trailer owner because the driver/owner of the tractor may be an insured under the trailer owners policy.  Under either the Motor Carrier’s Policy version or the old Truckers policy version will […]

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