United States District Court, N.D. Illinois, Eastern Division
NATALIA VOLKOVA, individually and as Trustee of the Estate of Alexandre Volkov, deceased, Plaintiff,
C.H. ROBINSON COMPANY, et al., Defendants.
MEMORANDUM OPINION AND ORDER
A. Guzmán United States District Judge.
reasons stated below, the Robinson defendants' motion to
dismiss certain claims  is granted.
Court assumes general knowledge of the facts of the case,
which was filed after the decedent's tractor-trailer
crashed into another tractor-trailer, driven by defendant
Dung Quoc Nguyen, who was making a U-turn in the middle of
the highway. Plaintiff's second amended complaint
(“SAC”) alleges in part that Defendants C.H.
Robinson Company, Inc. and C.H. Robinson Worldwide, Inc.
(collectively, “Robinson”) negligently hired
Antioch Transport, Inc. and its driver, Nguyen.
to the SAC, Robinson is a federally-registered property
broker, while Antioch is a federally-authorized motor
carrier. (SAC, Dkt. # 191, ¶¶ 10, 36.) Robinson
selects and contracts with motor carriers (in this instance,
Antioch) to haul freight shipments for its customers.
(Id. ¶¶ 35-36, 48.) Plaintiff alleges that
Robinson is liable for failing to perform sufficient
investigation and evaluation in hiring Antioch and Nguyen to
transport the load at issue. (Id. ¶¶ 38,
contends in the instant motion to dismiss that the negligent
hiring claims are preempted by the Federal Aviation
Administration Authorization Act of 1994
motion to dismiss under Federal Rule of Civil Procedure
12(b)(6), the court assumes all factual allegations in the
complaint to be true, viewing all facts and any inferences
reasonably drawn therefrom in the light most favorable to the
plaintiff. Parish v. City of Elkhart, 614 F.3d 677,
679 (7th Cir. 2010). The factual allegations in the complaint
must be enough to raise a right to relief above the
speculative level. Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007). “The complaint must contain
sufficient factual matter, accepted as true, to state a claim
to relief that is plausible on its face.” Bonte v.
U.S. Bank, N.A., 624 F.3d 461, 463 (7th Cir. 2010).
succeed on a cause of action regarding the negligent hiring,
Plaintiff must show that Robinson negligently hired Antioch
and Nguyen when Robinson knew or should have known that they
were “unfit for the required contracted job so as to
create a danger of harm to other third parties.”
Hayward v. C.H. Robinson Co., 24 N.E.3d 48, 55
the relevant provision of the FAAAA:
a State . . . may not enact or enforce a law, regulation, or
other provision having the force and effect of law related to
a price, route, or service of any motor carrier . .
. or any motor private carrier, broker, or freight
forwarder with respect to the transportation of
49 U.S.C. § 14501(c)(1) (emphasis added). In turn, the
term “transportation” includes:
(A) a motor vehicle, vessel, warehouse, wharf, pier, dock,
yard, property, facility, instrumentality, or equipment of
any kind related to the movement of passengers or property,
or both, regardless of ...