AGENCY / Truck freight transportation “broker” per 49 U.S. Code 13012(2) ruled to be acting on behalf of undisclosed principal by failing to disclose to shipper that it was not itself the motor carrier moving the freight. Held: Broker / agent liable to shipper for harm en route as though it was motor carrier / principal.

Note: Court expressly observed that Carmack Amendment did not apply because no finding of fact that party designated truck freight transportation broker might in fact have been a motor carrier and its liability for freight damage therefore governed by Carmack. 

Shipper here brought case against both broker and motor carrier, as agent and principal, respectively. 

Titan Transportation, Inc. v. O.K. Foods, Inc., 2013 WL 245253 (Arkansas Court of Appeals, January 23, 2013). Free copy available here.