FREIGHT LOSS / Freight destroyed in motor carrier accident. Holding #1: Whether or not Carmack governed depended on the factual question of whether defendant was acting as a “carrier” or “broker” under 49 U.S.C. § 13102; Holding #2: If defendant acted as “broker”, then complaint claims for “negligent hiring” of carrier might apply to its selection of the motor carrier that had the accident.

Viasystems Technologies Corp. v. Landstar Ranger, Inc., 2012 WL 6020015(U.S. District Court for the Eastern District of Wisconsin, December 3, 2012. Free copy available here.

Who is affected? Shippers and carriers of freight by motor carrier where the load is lost or damaged.

Rulings in context of motion for summary judgment.