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Case Law Update: Shipping Negligence in Violation of Federal Motor Carrier Safety Regulations

Camp v. TNT Logistics Corp, No. 07-3386 (1/14/09) found that the district court did not err in granting defendant’s motion for summary judgment in action alleging that defendant was negligent in shipment of pallet of automobile parts that injured plaintiff when she opened trailer door. Plaintiff could not base action on violation of Federal Motor Carrier Safety Regulations since defendant, which arranged for shipment of parts, but did not actually ship them, was not acting as “motor carrier” under said regulations. Moreover, plaintiff could not establish common law negligence claim where plaintiff had been aware of possibility that unsecured pallet had shifted during transit, and where plaintiff could have opened trailer door that would not have placed her at risk of injury. This case will have an impact on negligence cases.