German, Gallagher & Murtagh, P.C. is thrilled to announce a significant legal win for its commercial trucking clients. Matt McColgan successfully helped secure the client’s dismissal from a $70 million case in Pennsylvania, reinforcing vital principles for the industry.
In this case, the Court entered summary judgment in their client’s favor and agreed on two pivotal points:
In dismissing a negligent entrustment claim: a longstanding relationship between a commercial lessor and lessee does not itself automatically establish a commercial lessor’s notice that the lessee may hire an incompetent driver. This decision provides clarity on the importance of evidence beyond routine business associations.
In dismissing a negligent maintenance claim: a lessor’s duty to maintain its vehicles is triggered only by notice of a defect; the presence of a purported defect alone is insufficient. Despite the plaintiff’s experts claiming the truck was unroadworthy due to an “out-of-spec” braking system, the court agreed that a commercial lessor has no obligation to inspect beyond regular maintenance intervals.
Defense victories like this are not without the hard work involved in fully developing the facts of a case, as well as the collaborative efforts by the client team. The firm remains dedicated to representing the interests of commercial trucking companies to ensure their businesses can continue to operate safely and with confidence.