Originally published in The Transportation Lawyer on April 2020. Republished with permission. All rights reserved.

The Florida First District Court of Appeals has been asked to certify a question to the Florida Supreme Court that all eyes are watching around the nation. In the case of Tuong Vi Le v. Colonial Freight Systems, Inc. et al, 1 the question for certification is “whether federal trucking regulations establish a non-delegable duty on the part of motor vehicle carriers (truck owners) to safely maintain and operate their vehicles.”2 The key phrase in this question is “nondelegable duty” because in this case the plaintiff-appellants would like the court to hold that a motor carrier may never delegate responsibility to a qualified mechanic or inspector to repair and maintain vehicles.

The request for Supreme Court review originates from the court of appeal’s December 4, 2019 decision rejecting the plaintiff’s novel theory that would have held a motor carrier fully liable for the negligent acts of an independent repair facility. In dismissing the theory that a motor carrier owes a nondelegable duty for the negligent repairs of third-party repair facilities, the court held that, “to accept [the] argument that [the motor carrier] should be held liable for [a repair facility’s] negligence would essentially impose a theory of strict liability upon [this motor carrier] and other motor carriers. This we decline to do.” 3 Appellant’s motion for certiorari is pending with the Florida Supreme Court as of January 27, 2020.…

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Co-authors: Kristen Johnson & Lesley B. Sachs