In the most recent issue of Minnesota Defense, Lucy Gibbons explains the tort of negligent selection of an independent contractor and how the Minnesota Supreme Court’s recognition of this cause of action has affected liability exposure for principals/freight brokers in Minnesota. The Alonzo v. Menholt decision laid out the standard of care that principals must use when selecting independent contractors.
Since writing the article, the U.S. Supreme Court decided the case of Montgomery v. Caribe Transport II, LLC, which determined whether an entity who hires an independent contractor for the transportation of goods is subject to state or federal law for claims of negligent selection of independent contractors. The Court held that a claim that one company negligently hired another to transport goods is not preempted by federal law because States retain authority to regulate safety with respect to motor vehicles. In other words, state law applies to claims for negligent selection of independent contractors. It does not matter whether the motor vehicle involved in an incident is a commercial vehicle, machine, tractor, trailer, or personal automobile.
Therefore, in Minnesota, claimants can pursue a claim for negligent selection of independent contractors against principals/freight brokers, and principals/freight brokers are subject to the selection standards as set forth in Alonzo. For more insight on the Alonzo selection standards, read the article here.
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