On October 6, 2025, the NAM filed an amicus brief urging the Florida Court of Appeals to recognize federal preemption of state law negligence claims against shippers and brokers in trucking accident cases. In Borer v. Carrier Global Corp., et al., the plaintiff sued a manufacturer for injuries caused in a collision with a truck that was carrying the manufacturer’s goods. The plaintiff’s claims rest on a “negligent hiring” theory, despite the fact that, as a shipper, the manufacturer played no role in selecting the motor carrier or driver of the truck or setting safety standards for the truck’s operation. The trial court correctly held that these claims were barred by the Federal Aviation Administration Authorization Act of 1994, which preempts state laws related to the services of motor carriers. The plaintiff has appealed the trial court’s ruling.
As we explain in our brief, the plaintiffs’ claims against the shipper are barred by the FAAAA, and they fall well outside the statute’s safety exception, which permits states to regulate “with respect to motor vehicles.” Subjecting shippers to liability under a state law negligence theory would impose massive costs on businesses without any meaningful improvements to roadway safety.