ROBERT COX, as duly appointed Personal Representative and Special Administrator of the Estate on behalf of Greta Cox v. TOTAL QUALITY LOGISTICS, INC.; TOTAL QUALITY LOGISTICS, LLC - Articles

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ROBERT COX, as duly appointed Personal Representative and Special Administrator of the Estate on behalf of Greta Cox v. TOTAL QUALITY LOGISTICS, INC.; TOTAL QUALITY LOGISTICS, LLC

Posted by: Azya Thornton on Jul 8, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Adina H. Rosenbaum, PUBLIC CITIZEN LITIGATION GROUP, Washington, D.C., for Appellant.

Attorneys 2: ON BRIEF: Gregory M. Utter, CALLOW + UTTER, Cincinnati, Ohio, for Appellees.

Attorneys 3: ON BRIEF: Adina H. Rosenbaum, PUBLIC CITIZEN LITIGATION GROUP, Washington, D.C., W. Matthew Nakajima, Justin A. Sanders, Gus J. Lazares, RITTGERS & RITTGERS, Lebanon, Ohio, Christopher T. Saucedo, SAUCEDO, HARRIGAN, APODACA, GRIESMEYER, APODACA PC, Albuquerque, New Mexico, for Appellant.

Attorneys 4: ON BRIEF: Gregory M. Utter, Joseph M. Callow, Jr., CALLOW + UTTER, Cincinnati, Ohio, for Appellees.

Attorneys 5: ON BRIEF: John C. Camillus, LAW OFFICES OF JOHN C. CAMILLUS, LLC, Columbus, Ohio, Jonathan L. Hilton, HILTON PARKER LLC, Reynoldsburg, Ohio, Paul R. Kerridge, DURST KERRIDGE, LLC, Cincinnati, Ohio, for Amici Curiae.

Judge(s): GILMAN, STRANCH, and LARSEN, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Cincinnati

JANE B. STRANCH, Circuit Judge. Robert Cox sued Total Quality Logistics, Inc. and Total Quality Logistics, LLC (together, “TQL”) for negligence under Ohio law. Mr. Cox alleged that TQL, in its capacity as a freight broker, negligently hired an unsafe motor carrier, resulting in a motor vehicle crash that killed his wife, Greta Cox. The district court dismissed the action on the ground that Mr. Cox’s claims were preempted by the Federal Aviation Administration and Authorization Act (“FAAAA” or “the Act”), 49 U.S.C. § 14501(c). For the reasons set forth below, we REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.

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