# Galovich v. Morrissette

> District Court, M.D. Pennsylvania · June 12, 2024

URL: https://www.frixlaw.com/law-library/cases/10414824

## Case

- **Court:** District Court, M.D. Pennsylvania
- **Decided:** June 12, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10414824

## How later opinions describe it (automated extraction)

- finding that punitive damages may be appropriately awarded only when the plaintiff has established that the defendant has acted in a fashion “so outrageous as to demonstrate willful, wanton or reckless conduct”

## Opinion text

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ADAM GALOVICH, and
CHRISTIE GALOVICH, : □□
Plaintiffs,
ow 3:24-0V-1532
(JUDGE MARIANI)
JOHN P. MORRISSETTE, FILED
JOEL ARPIN, and FAF, INC., SCRANTON
Defendants. JUN 42 2024
MEMORANDUM OPINION pen_
]. INTRODUCTION AND PROCEDURAL HISTORY
Defendants’ Motion for Partial Summary Judgment (Doc. 29) is pending before the
Court. By way of background, in August of 2021, Plaintiffs Adam Galovich and Christie
Galovich filed a Complaint in the Court of Common Pleas of Luzerne County against
Defendants John P. Morrissette, Joel C. Arpin, and FAF, Inc., to recover damages as a
result of a motor vehicle accident on Interstate 81 in Luzerne County between two traffic
trailers on August 19, 2020. (See Doc. 1-1). Defendants thereafter removed this action to
federal court on the basis of diversity jurisdiction. (Doc. 1).
On August 17, 2022, Plaintiffs filed an Amended Complaint, naming as Defendants
John P. Morrissette, Joel C. Arpin, FAF, Inc., and William T. Brown d/b/a Anytime Truck and
Tire Service. (Doc. 15). The Amended Complaint alleges a claim of Negligence against
Defendants Morrissette and Arpin (Count |), Vicarious Liability (Count II) and Negligence &

. — 1

Corporate Liability (Count III) against Defendant FAF, Inc., Negligence against William T.
Brown d/b/a Anytime Truck and Tire Service (Count IV), and Loss of Consortium by Christie
Galovich against all Defendants (Count V). (/d.).
On March 2, 2023, the parties filed a Stipulation for Voluntary Dismissal (Doc. 27)
dismissing with prejudice William T. Brown d/b/a Anytime Truck and Tire Service as a
Defendant in this action.’ Therefore, Plaintiffs’ claims in Counts I, Il, Ill, and V are before the
Court and John P. Morrissette, Joel C. Arpin, and FAF, Inc., are the remaining Defendants. .

in this case.
As noted above, Defendants’ Motion for Partial Summary Judgment (Doc. 29) is
pending before the Court. Defendants’ filed their supporting brief (Doc. 33) within the
required time. Plaintiffs timely filed a brief in opposition (Doc. 34) to which Defendants filed

a reply brief (Doc. 35). Therefore, the Motion is fully briefed and ripe for resolution. For the

reasons set forth below, Defendants’ Motion for Partial Summary Judge will be granted.

1 The parties further stipulated that they would not “introduce any testimony and/or evidence at trial
relating to Plaintiff Adam Galovich’s truck pulling to the right or any repairs made by Defendant William T.
Brown d/b/a Anytime Truck and Tire Service to address the truck pulling to the right.” (Doc. 27 at 1.)

Il. STATEMENT OF UNDISPUTED FACTS
Defendants have submitted a “Statement of Material Facts” (Doc. 29-2) as to which
they submit that there is no genuine issue or dispute. Plaintiffs failed to file a response to
Defendants’ statement.2 □
Pursuant to Middle District of Pennsylvania Local Rule 56.1:
A motion for summary judgment filed pursuant to Fed.R.Civ.P.56, shall be
accompanied by a separate, short and concise statement of the material facts,
in numbered paragraphs, as to which the moving party contends there is no
genuine issue to be tried.
The papers opposing a motion for summary judgment shall include a separate,
short and concise statement of the material facts, responding to the numbered
paragraphs set forth in the statement required in the foregoing paragraph, as
to which it is contended that there exists a genuine issue to be tried.
Statements of material facts in support of, or in opposition to, a motion shall
include references to the parts of the record that support the statements.
All material facts set forth in the statement required to be served by the moving
party will be deemed to be admitted unless controverted by the statement
required to be served by the opposing party.
M.D. Pa. Local Rule 56.1.
This Rule “was promulgated to bring greater efficiency to the work of the judges of
the Middle District” and is “essential to the Court's resolution of a summary judgment motion
due to its role in organizing the evidence, identifying undisputed facts, and demonstrating
precisely how each side proposed to prove a disputed fact with admissible evidence.”

2 Plaintiffs’ failure to file a response to Defendants’ statement of material facts is compounded by
the fact that Defendants noted this failure by Plaintiffs in their Reply brief and Plaintiffs made no attempt to
rectify this error. (See Doc. 35, at 2 & n.1). .

Weitzner v. Sanofi Pasteur, Inc., 909 F.3d 604, 613 (3d Cir. 2018) (internal quotation marks
omitted). A District Court ‘ig in the best position to determine the extent of a party's
noncompliance with Local Rule 56.1, as well as the appropriate sanction for such
noncompliance”, including striking non-responsive statements of material fact by the non-
moving party or deeming a moving party’s statements of material fact to be admitted where
the non-moving party fails to respond. Id. See also Rau v. Allstate Fire and Casualty Ins.
Co., 793 F.App’x 84 (3d Cir. 2019) ("Because a failure to object to.a statement of facts is an
admission under Local Rule 56.1 and the District Court has authority to impose sanctions
for noncompliance with the local rules, we find no abuse of discretion in the decision to □
deem certain paragraphs of [Defendant's] SUF admitted.”); Ryan v. Berwick Industries, Inc.,
30 F.Supp.2d 834, 837 (M.D.Pa. 1998) (deeming the defendant's statement of material
facts to be undisputed where the plaintiff failed to file a statement of material facts
responding to that of the defendant). However, even when deeming as undisputed the
moving party's statement of material facts, a court is still required to conduct a “full analysis
to determine whether granting summary judgment [is] appropriate.” Weitzner, 909 F.3d at
614 (citing Anchorage Assocs. v. V.1. Bd. of Tax Review, 922 F.2d 168, 175 (3d Cir. 1990)).
Given the procedural history of this case, including the fact that Plaintiffs made no
attempt to rectify their error when Defendants noted in their reply brief-that Plaintiffs failed to
file a response to the statement of facts, see supra n.2 (citing Doc. 35 at 2 & n.1), the Court
deems Defendants’ Statement of Material Facts Pursuant to Local Rule 56.1 (Doc. 29-2)

admitted to the extent Defendants’ statements comply with Local Rule 56.1 and the Rule 56
of the Federal Rules of Civil Procedure.’
John P. Morrissette holds a commercial driver's license issued by the state of New
Hampshire, which he has held since December 2008. (Doc. 29-2 ¥ 1.) Joel C. Arpin holds a
commercial driver's license issued by the Commonwealth of Massachusetts, which he has
held since 2005. (Doc. 29-2 {| 2.) At the time of the subject accident, Morrisette and Arpin
were a co-driving team for FAF. (Doc. 29-2 { 3.) Although they were not employees of FAF,
Morrissette and Arpin were agents of FAF and were operating the subject tractor trailer in
furtherance of the business interests of FAF. (Doc. 29-2 4.) Morrissette and Arpin rana
weekly dedicated route for FAF that took them from Boston, Massachusetts, to Carson (Los
Angeles), California, and back. (Doc. 29-2 J 5.) The accident in question occurred on
August 19, 2020, shortly after 4:00 a.m. (Doc. 29-2 46.)
The accident involved the FAF tractor trailer that was stopped on the shoulder of the
highway in which Morrissette and Arpin were occupants and a tractor trailer being operated
by Plaintiff Adam Galovich which departed from the travel lanes of the highway and struck
the FAF tractor trailer.4 (Doc. 29-2 J 7.) The accident occurred on Interstate 81 South in the
vicinity of the on-ramp for Exit 168. (Doc. 29-2 8.) |

~-3Defendants provide citations to the record for the identified statements of fact. (See Doc. 29-2.)
The Court has verified Defendants’ citations but does not repeat them here.
4 State Police Trooper Adam Hodge is the lead investigator of the subject accident and the author
of the Police Report. (Doc. 29-2 at 2 n.1.) The Police Report, Hodge deposition testimony, and accident

Interstate 81 South is two lanes in the area in which the accident occurred. (Doc. 29-
2 79.) The highway is straight and flat in the area in which the accident occurred. (Doc. 29-
2 10.) At the time of the accident, the roadway was dry, and there were no adverse
weather conditions. (Doc. 29-2 11.) The area in which the accident occurred was well-
illuminated by streetlights that were positioned on the side of the highway. (Doc. 29-2 { 12.)
At the time of the accident, there was very little traffic on the highway. (Doc. 29-2 J 13). In
the area in which the accident occurred, and leading up to the area in which the accident
occurred, there were no environmental or roadway conditions that would prevent a driver
from observing vehicles that were nositioned ahead of him on, or on the side of, the
highway. (Doc. 29-2 □ 14.)
Daniel Pratz was driving behind Plaintiffs tractor trailer when the accident occurred
and is an eyewitness to the accident. (Doc. 29-2 n.2.) Prior to the accident, Morrissette was
driving the FAF tractor trailer. (Doc. 29-2 { 15.) Morrissette and Arpin normally leave Boston
sometime between 9:30 p.m. and 11:00 p.m. on Tuesday to begin their weekly trip. (Doc.
29-2 J 16.) On the trip in question, Morrisette and Arpin left the Boston area at
approximately 9:44 p.m. on Tuesday night. (Doc. 29-2 J] 17.)
As Morrissette was driving on 81 South in the Wilkes-Barre area, a warning light
illuminated on the tractor's dashboard concerning the trailer's brake system. (Doc. 29-2 {

poke prove spr for many Defendants’ statements of fact. (See Doc. 29-2 9] 6-12, 14, 15, 23, 26-

18.) The warning light was illuminated for a minute or so before Morrissette made the
decision to pull onto the shoulder of the highway. (Doc. 29-2 {| 19.) Morrissette decided to

- pull onto the shoulder of the highway because he wanted to troubleshoot the brake issue
and attempt to determine what caused the warning light to illuminate. (Doc. 29-2 {| 20.)
The tractor that Morrissette was operating has several warning lights on the
dashboard that pertain to the tractor and trailer's braking system, including a “Trailer ABS”
light. (Doc. 29-2 at 4 n.3.) The owner's manual for Morrissette's tractor indicates that the
illumination of the “Trailer ABS” light “indicates a problem with the trailer ABS” that needs to
be repaired “immediately to ensure full braking capability.” (Doc. 29-2 at 4 n.4 (quoting
Sprout Report Ex. K, at 2, Doc. 29-4).) Arpin understood that the illumination of a warning
light for the braking system could constitute a potential emergency. (Doc. 29-2 at 4 n.4.)
Morissette wanted to troubleshoot the illuminated warning light before he reached

an area of the highway that went through more mountainous terrain with which Morissette
was unfamiliar. (Doc. 29-2 ] 22.) Morrissette had to pull the tractor off the highway and stop
the tractor to troubleshoot the brake system. (Doc. 29-2 ¥ 21.) Morrissette pulled onto the
shoulder of Interstate 81 South in the vicinity of the on-ramp for Exit 168. (Doc. 29-2 □□ 23.)
Morrissette pulled onto the shoulder of Interstate 81 South sometime between 4:05 a.m.
and 4:08 a.m. (Doc. 29-2 J 24.) The shoulder was a well-delineated shoulder that was
separated from the travel lanes of the highway by a solid white line. (Doc. 29-2 {| 26.) The
shoulder was wide enough to allow Morrissette to pull his entire tractor trailer onto the

,

shoulder and out of the travel lanes with additional room to spare. (Doc. 29-2, J 27.) When
Morrissette pulled onto the shoulder, his entire tractor trailer was on the shoulder and out of
the travel lanes of the highway. (Doc. 29-2 28.) Morrissette believed that the location in
which he pulled off the highway and onto the shoulder was a Safe location. (Doc. 29-2 31.)
Morrisette was well-within his permissible hours of service when he pulled onto the
shoulder of the highway and when the accident occurred. (Doc. 29-2, | 25).
Morissette specifically explained why he chose the location he did to pull off of the
highway: .
Because it was the best area to pull over. It was the safest. It was well lit. There
was minimal traffic. The road conditions were well, yeah.

Because | noticed the - right where we stopped was a high point. It was well lit.
And | noticed about a quarter to a half mile in front of us the roadway - the
interstate turns into a downgrade, and it turns off to-the left. And so | was
unfamiliar with that area. It was starting to get darker towards that area. And
so | decided to troubleshoot, pull the
truck over and try to take a few minutes to figure out what was going on with
that light. .

[Blecause the roadway was getting worse. Like | said, it was a downgrade, and
it was getting darker down another half mile or so, and it was my peace of mind.
There was part of me that said, hey, even though the truck feels right, | need
to stop in a well-lit area and troubleshoot this even if it's for a minute or two just □
to give myself peace of mind before | go down that grade into unknown territory.
(Doc. 29-2 J 32 (quoting Ex. C, Morrissette Dep. 33:2-4, Doc. 29-3).)

.

All of the lights on the FAF tractor trailer remained on while the tractor trailer was
parked on the shoulder. (Doc. 29-2 {[ 29.) The right turn signal on the FAF tractor trailer

remained engaged while the tractor trailer was parked on the shoulder. (Doc. 29-2 J 30.)
Arpin was in the sleeper berth of the tractor from the time that Morrissette and Arpin
began their trip until Morrissette stopped the tractor trailer on the shoulder of Interstate 8%
South. (Doc. 29-2 J 35.) Because he was asleep, Arpin did not have any input in
Morrisette’s decision to pull the tractor trailer onto the shoulder of the highway. (Doc. 29-2
33.) On the day of the accident, Arpin was awoken by Morrissette alerting Arpin about the
illuminated brake light after the tractor trailer was stopped on the side of the highway. (Doc.
29-2 ¥ 37.) Arpin did not believe that the location at which Morrissette pulled onto the
shoulder of the highway was a dangerous location. (Doc. 29-2 J 34.)
After Morrissette tested the tractor trailer's braking system, Morrissette and Arpin
decided to switch driving duties, as it was around the time that they normally switched
driving duties, and Arpin knew the area better and knew a place where the tractor trailer
could be taken for further evaluation of the illuminated brake warning light. (Doc. 29-2 { 38.)
When Morrissette and Arpin would switch driving duties, they would almost always do so at

a rest area or truck stop. (Doc. 29-2 § 36.) Morissette would wake up Arpin in advance of
switching driving duties so that Arpin could prepare to drive. (/d.) □

_ FAF provided Morrissette with training as to when emergency flashers were to be
engaged and when emergency triangles were to be set out behind a vehicle. (Doc. 29-2 J

39.) Morrissette did not believe that he needed to engage his emergency flashers or set out

_ emergency triangles behind his tractor trailer. (Doc. 29-2 J 40.)
Morrissette and Arpin were preparing to depart from the shoulder of the highway
when the accident occurred. (Doc. 29-2 ] 42.) To strike the FAF tractor trailer, Galovich had
to depart from the lanes of travel and travel onto the shoulder of the highway. (Doc. 29-2 {|
43.) The FAF tractor trailer had been on the shoulder of the highway for less than 10
minutes when the accident occurred. (Doc. 29-2 ¥ 41 )
Although, as set out above, Plaintiffs are deemed to have admitted the above
statement of facts because they did not file the requisite response, see L.R. 56.1, the Court
notes, for the sake of context, that Plaintiffs assert in their opposition brief that the tractor
trailer was pulled over with left rear edge “jutting into, or alternatively, immediately adjacent
to and abutting, the right lane of travel.” (Doc. 34 at 2.) Plaintiffs do not provide any citation
to support this assertion.

5 In their reply brief, Defendants refute Plaintiffs’ assertion concerning the positioning of the tractor
trailer with the testimony of Morrissette, Arpin and Trooper Hodge, all of whom testified that the vehicle was
entirely on the should before the accident. (Doc. 35 at 4 (citing Ex. C, Morrissette Dep. 33:13-18; Ex. D,
Arpin Dep. 41:9-18; Ex. F, Hodge Dep. 18:15-25; Ex. B, Police Report at 9).) Defendants also assert that
their accident reconstruction expert and Plaintiffs’ accident reconstruction expert opined that the tractor
trailer was entirely on the shoulder of the road. (Doc. 35 at 4.) In the Police Report, Trooper Hodge states
that Galovich, identified as “Operator #1,” was interviewed at the scene and
related that he was traveling south on I-81 in the right lane. Operator #1 related thathe was □□
traveling approx.. 55 m.p.h. Operator #1 related that all he remembers was that he was
driving and now he is lying on the shoulder. Operator #1 doesn’t recall any details of the
crash.
(Ex. B, Police Report at 9.) Thus, there is no basis fo give any weight whatsoever to Plaintiffs’ assertion that
the tractor trailer was not completely on the shoulder of the road.
10

Ill. STANDARD oF REVIEW
Summary judgment “is appropriate only where there is no genuine issue of material
fact and the moving party is entitled to judgment as a matter of law.” Gonzalez v. AMR, 549
F.3d 219, 223 (3d Cir. 2008). “An issue is genuine only if there is a sufficient evidentiary
basis on which a reasonable jury could find for the non-moving party, and a factual dispute
is material only if it might affect the outcome of the suit under governing law.” Kaucher v
County of Bucks, 455 F.3d 418, 423 (3d Cir. 2006) (citing Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 248 (1986)). Thus, through summary adjudication, the court may dispose of
those claims that do not present a ‘genuine dispute as to any material fact.” Fed. R. Civ. P.
56(a).
The party moving for summary judgment bears the burden of showing the absence
of a genuine issue as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323
(1986). Once such a showing has been made, the non-moving party must offer specific
facts contradicting those averred by the movant to establish a genuine issue of material fact.
Lujan v. Nat'l Wildlife Fed’n, 497 U.S. 871, 888 (1990). Therefore, the non-moving party
may not oppose summary judgment simply on the basis of the pleadings, or on conclusory
statements that a factual issue exists. Anderson, 477 U.S. at 248. “A party asserting that a
fact cannot be or is genuinely disputed must support the assertion by citing to particular
parts of materials in the record .. . or showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an adverse party cannot produce

11

admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1)(A)-(B). In evaluating
whether summary judgment should be granted, “[t]he court need consider only the cited
materials, but it may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3).
“Inferences should be drawn in the light most favorable to the non-moving party, and where
the non-moving party's evidence contradicts the movant’s, then the non-movant's must be

_ taken as true.” Big Apple BMW, Inc. v. BMW of N. Am., Inc., 974. F.2d 1358, 1363 (3d Cir.
1992). □ □
However, “facts must be viewed in the light most favorable to the nonmoving party
only if there is a ‘genuine’ dispute as to those facts.” Scott v. Harris, 550 U.S. 372, 380
(2007). If a party has carried its burden under the summary judgment rule,
its opponent must do more than simply show that there is some metaphysical
doubt as to the material facts. Where the record taken as a whole could not
lead a rational trier of fact to find for the nonmoving party, there is no genuine
issue for trial. The mere existence of some alleged factual dispute between the □
parties will not defeat an otherwise properly supported motion for summary
judgment; the requirement is that there be no genuine issue of material fact.
When opposing parties tell two different stories, one of which is blatantly
contradicted by the record, so that no reasonable jury could believe it, a court
_ should not adopt that version of the facts for purposes of ruling on a motion for
summary judgment. . .
Id, (internal quotations, citations, and alterations omitted).

. “In considering a motion for summary judgment, a district court may not make
credibility determinations or engage in any weighing of evidence.” Anderson, 477
U.S. at 255. Therefore, when evidentiary facts are in dispute, when the credibility of

12

"witnesses may be in issue, or when conflicting evidence must be weighed, a full trial
is usually necessary.
IV. ANALYSIS :

Defendants’ Motion for Partial Summary Judgment requests that Plaintiffs’ claims for
punitive damages against Morrissette, Arpin, and FAF, be dismissed and Plaintiffs’ claims
for negligence and Corporate Liability in Count III of Plaintiffs’ Amended Complaint be
dismissed. (Doc. 29 at 5-8.) In accordance with the summary judgment standards explained
in Section Ill, supra, for the reasons discussed below, and drawing all reasonable
inferences in favor of Plaintiffs, no genuine issues of material fact exist with respect to □
Plaintiffs’ claims for punitive damages in all Counts and for FAF’s liability for Negligence and
Corporate Liability in Count Ill. Therefore, Defendants’ Motion for Partial Summary
Judgment (Doc. 29) will be granted.
A. Punitive Damages | □
Defendants move for summary judgment as to Plaintiffs’ claims for punitive
damages, arguing that “Plaintiffs have failed to adduce sufficient evidence through
discovery to demonstrate that Morrissette, Arpin, or FAF, Inc. acted in an outrageous
manner or with reckless indifference to the rights of Galovich.” (Doc. 29 J 23.) In the
Wherefore clause of each remaining Count set out in the Amended Complaint (Counts |, Il,
and V) Plaintiffs seek an award of punitive damages. (See Doc. 15 at 7, 9, 12.)

13

Because this action is before the Court based on diversity jurisdiction, state law

governs the legal standard for punitive damages. See Wright v. Ryobi Tech., Inc., 175 F.
Supp. 3d 439, 455 (E.D. Pa. 2016). In Pennsylvania, “punitive damages are awarded only
for outrageous conduct, that is, for acts done with a bad motive or with a reckless
indifference to the interests of others.”” SHV Coal, Inc. v. Cont’l Grain Co., 587 A.2d 702,
705 (Pa. 1991) (quoting Chambers v. Montgomery, 192:A.2d 355, 358 (Pa. 1963)).
In Phillips v. Cricket Lighters, the Pennsylvania Supreme Court set out the relevant
standard:
Our case law makes it clear that punitive damages are an “extreme remedy”
available in only the most exceptional matters. See Martin v. Johns—Manville
Corp., 508 Pa. 154, 494 A.2d 1088, 1098 n. 14. (Pa.1985), rev'd on other
grounds sub nom. Kirkbride v. Lisbon Contractors, Inc., 521 Pa. 97, 555 A.2d
(1989), abrogation on other grounds recognized by Bert Company v. Turk,
298 A.3d 44 (Pa. 2023). Punitive damages may be appropriately awarded only □
when the plaintiff has established that the defendant has acted in an
outrageous fashion due to either “the defendant's evil motive or his reckless
indifference to the rights: others.” Martin, 494 A.2d at 1096; see also
Hutchison v. Luddy, 870 A.2d 766, 770 (Pa. 2005) (finding that punitive
damages may be appropriately awarded only when the plaintiff has established
that the defendant has acted in a fashion “so outrageous as to demonstrate
willful, wanton or reckless conduct”). A defendant acts recklessly when “his
conduct creates an unreasonable risk of physical harm to another [and] such
risk is substantially greater than that which is necessary to make his conduct
negligent.” /d. at 771 (citation omitted). Thus, a showing of mere negligence, or
even gross negligence, will not suffice to establish that punitive damages
should be imposed. SHV Coal, Inc. v. Continental Grain Co., 526 Pa. 489, 587
A.2d 702, 705 (1991). Rather, the plaintiff must adduce evidence which goes
beyond a showing of negligence, evidence sufficient to establish that the
defendant's acts amounted to “intentional, willful, wanton or reckless conduct.”
Id, at 704 (citation omitted).
Phillips v. Cricket Lighters, 883 A.2d 439, 445-46 (Pa. 2005).
14

The Pennsylvania Supreme Court consistently recognizes the importance of
discerning the mental state of the defendant when considering a claim for punitive
damages, stating in Hutchinson v. Luddy, 870 A.2d 766 (Pa. 2005), that the Court had
rejected a “reasonable man standard” and “concluded that ‘an appreciation of the risk [of
harm] is a necessary element of the mental state required for the imposition of [punitive]
damages.” 870 A.2d at 771 (quoting Martin v. Johns-Manville Corp., 494. A.2d1088,1097 i.
n.12 (Pa. 1985) ). Given the necessity of showing that the act or failure to act was
intentional, reckless, or malicious,
punitive damages claim in Pennsylvania must be supported by evidence
sufficient to establish that (1) a defendant had a subjective appreciation of the
risk of harm to which the plaintiff was exposed and that (2) he acted, or failed
to act, as the case may be, in conscious disregard of that risk.
Hutchinson, 870 A.2d at 772 (citing Martin, 494 A.2d at 1097-98). □

Phillips explains the plaintiffs burden when making a claim for punitive damages:
What is clear from these cases is that there is.a distinction between negligence
and punitive damages claims, with a plaintiff being required to meet a far lesser
burden to establish a negligence claim than that which is imposed in connection
with a punitive damages claim. This distinction is an important one. Damages
awarded in a negligence action compensate a plaintiff for his or her losses.
Punitive damages, in contrast, are not awarded to compensate the plaintiff for
her damages but rather to heap an additional punishment on a defendant who
is found to have acted in a fashion which is particularly egregious. G.J.D. by
G.J.D. v. Johnson, 552 Pa. 169, 713 A.2d 1127, 1129 (1998). Such a
punishment should not be meted out to every defendant who is found to have
acted negligently; rather, it should be reserved for those cases in which the
defendant has acted in a particularly outrageous fashion.
Phillips, 883 A.2d at 446. .

15

1. Punitive Damages Against Morrissette and Arpin
In Count I of Plaintiffs’ Amended Complaint, Plaintiff Adam Galovich alleges
negligence against Defendants Morrissette and Arpin and seeks punitive damages. (Doc.
15 at 6-7.) In Count V, Plaintiff Christie Galovich alleges negligence against all Defendants
and seeks punitive damages. (Doc. 15 at 11-12)

Defendants maintain that Plaintiffs cannot satisfy their burden of showing that
Morrissette’s and Arpin’s actions constitute recklessness as alleged in Plaintiffs’ Amended
Complaint (Doc. 15).6 (Doc. 33 at 15.) Plaintiffs respond that they have presented sufficient
evidence to establish recklessness under the relevant standard. (Doc. 34 at 9.) The Court
concludes that Plaintiffs have not presented evidence sufficient to show that they are
entitled to recover punitive damages against Defendants Morrissette and Arpin.
a. Count |
Defendants address Plaintiffs claims for punitive damages against Defendants
Morrissette and Arpin in the context of Alan Galovich’s negligence Claim in Count |. (Doc.
33 at 13-19.) In support of their assertion that Morrissette’s and Arpin’s actions leading up to
the accident cannot be reasonably construed to be reckless, Defendants focus on □
Morrissette’s actions. (Doc. 33 at 15-18.) However, at the outset, Defendants note that that
because “Arpin was asleep in the sleeper berth until moments before the accident, including -

6 Defendants state that Plaintiffs alleged in their Amended Complaint that Morrissette’s and Arpin’s
conduct constitutes recklessness—Plaintiffs do not contend that Morrissette and Arpin acted intentionally or
maliciously. (Doc. 33 at 15.) Plaintiffs agree with this assessment. (See Doc. 34 at 8-9.) .
16 ,

when Morrissette pulled onto the shoulder, Arpin had absolutely no role in the decision of
when and where to drive FAF’s tractor trailer off the highway.” (/d. at 15 nb.) Plaintiffs do
not directly address this assertion. (See Doc. 34.)
Regarding Morrissette’s actions, Defendants point to the following: he pulled onto the
shoulder of the road to assess a warning light about the trailer braking system; he chose the
location where he stopped because he could get the tractor trailer completely onto the
shoulder, it was well-illuminated, straight and flat, and other motorists would easily be able
to see his tractor trailer; and he parked with the tractor trailer completely out of the travel
lane with the right turn signal and lights engaged. (Doc. 33 at 15-16.) Defendants
summarize that “[i]n pulling onto the shoulder of the highway to address a vehicle warning
light, Morrissette did not do anything outrageous or unreasonable.” (/d. at 16)
Defendants further assert that, putting the characterization of the conduct aside,
“Plaintiffs’ punitive damages claim must ultimately fail because Plaintiffs cannot prove that
Morrissette or Arpin acted with the requisite state of mind to establish recklessness.” (Doc.
33 at 17.) In support of their argument about Morrissette’s state of mind, Defendants point to
Morrissette’s deposition testimony concerning his decision to pull over where he did,
including his assessment that “i]t was the safest place to pull over,” being well-lit and with
minimal traffic, and that it was “a high point” with the interstate ahead presenting a
downgrade turning left, an area he was not familiar with. (/d. at 18 (citing Ex. C, Morrissette
Dep. 33:2-2, 36:24-37:7, Doc. 29-3).) Defendants also point to Arpin’s testimony: “At the

47

time | did not think it was dangerous. The roadway was — there was no traffic, no cars,
almost no traffic at all.” (/d. (quoting Ex. D, Arpin Dep. 42:21-25, Doc. 29-3).) Defendants
conclude that, even if Morrissette made an error in judgment in pulling over where he did
without engaging his hazard lights or placing emergency triangles behind his tractor trailer,
his conduct would constitute negligence at most. (/d.)
Although Plaintiffs agree that recklessness in this case hinges on Morrisette’s
stopping in the chosen location, they contend that they “have elicited significant evidence to
show the recklessness of this action.” (Doc. 34 at 9.) In support of this assertion, Plaintiffs
state that “Mr. Morrissette drove for twenty miles prior to pulling over to address Defendants’
alleged safety concern, therein passing countless exits, parking lots, and truck-stops along
the way.” (Id. (citing Ex. C, Morrissette Dep. 27:3-8, Doc. 29-3).) Plaintiffs further aver that
Morrissette
had a subjective appreciation of the harm present, knew he had to pull over,
and chose to bypass several opportunities to do so regardless of understanding
the harm as well as the prohibitions of parking where he ultimately chose to. If
Plaintiffs’ assertion is correct,:and Mr. Morrissette was simply pulling over to
switch drivers, doing so on this portion of the highway was reckless. If
Defendants’ assertion is correct, and Mr. Morrissette was concerned about the
ABS warning which flashed, he was equally reckless by waiting to pull over,
bypassing several safer opportunities to do so, and parking where he chose,
on a narrow shoulder obstructing the rightlane.
(Id. at 10.)
Plaintiffs cite to the report of their expert, Ronald R. Baade, who opined that □

Morrissette “could have” stopped on the exit ramp, a “slightly better choice” than stopping

18

on the exit ramp would have been to stop on the entrance ramp, “[a] wiser choice” would
have been to stop at a parking lot off the exit, and Morrissette's choice placed Morrissette,
Arpin, and other drivers “at unnecessary risk of injury or death.” (/d. (quoting Baade Report
14).’) Plaintiffs point to Morrissette’s and Arpin’s awareness of the prohibition of
standing/parking a vehicle on the side of the interstate through an orientation program
presentation run by FAF and the Pennsylvania statutory prohibition regarding stopping in
specified places, 75 Pa. C.S. § 3553(a)(2)(vii). (/d. at 10-11.) Plaintiffs contend that the
Police Report “corroborates the recklessness and dangerous nature” of Morrissette’s
parking of the tractor trailer. (Id at 11.) □
In reply to Plaintiffs’ reliance on the foregoing, Defendants focus on Morrissette’s
state of mind in stopping on the shoulder of the road where he did, i.e., whether he “had a
subjective appreciation that stopping at the subject location could place Galovich at risk of
harm.” (Doc. 35 at 5.) Defendants argue that Plaintiffs’ assertion that Morrissette
“stopped on the shoulder despite ‘understanding the harm-as well as the prohibitions of
parking where he ultimately chose to” is not supported by the record. (Doc. 35 at 7 (quoting
Doc. 34 at 10).) The Court agrees.
Although Plaintiffs conclusorily state that it is “[u]ndisputed . . . that the choice to pull
over and park in a dangerous and prohibited area is in conscious disregard to what

"7 Plaintiffs do not provide an exhibit number or additional citation and the Baade Report is not
attached to Plaintiffs’ brief.
19

Defendants’ Morrissette and Arpin were tasked to do on their normal route, as well as what
Defendant FAF instructed its drivers to do in its company training” (Doc. 34 at 10), they
have not identified any evidence which shows that Morrissette and/or Arpin “had a
subjective appreciation of the risk of harm to which the plaintiff was exposed and . . . acted,
or failed to act, as the case may be, in conscious disregard of that risk.” Hutchinson, 870
A.2d at 772.

Regarding Arpin specifically, Plaintiffs do not point to any evidence that suggests
that Arpin, who was undisputedly asleep in the cab’s sleeper berth when Morrissette
decided to pull over, had any role in the decision of the location of the stop. With no
evidence of a culpable state of mind, Plaintiffs’ punitive damages claim against Arpin in
Count | is properly dismissed.
Regarding Morrisette, because no credible evidence supports Plaintiffs’ assertion
that he pulled over solely to switch drivers (see Doc. 34 at 10), the Court assesses
Morrissette’s state of mind in the context of a decision made pursuant to the braking
problem notification,

First, the Court notes that Plaintiffs assertion that “Mr. Morrissette drove for twenty
miles prior to pulling over to address Defendants’ alleged safety concern, therein passing
countless exits, parking lots, and truck-stops along the way” (Doc. 34 at 10 (citing Ex. C,
Morrissette Dep. 27:3-8, Doc. 29-3)) is a misstatement of Morrissette’s deposition

20

testimony. When asked to explain the circumstances that led him to pull over on the
shoulder of the highway, Morrissette testified as follows: .
So driving along and | noticed that my trailer ABS light comes on, and | start to
troubleshoot in my head what it could be, the severity, and what | can do to fix
it or have it fixed. And within about a minute or so | decide to pull the truck over
and conduct an air test, .. . set the brakes, .. : get the PSI up, . .. pump the
brakes, ... and do my troubleshooting. And really after completing the air test
..., once | pull over, Joel wakes up.
(Ex. C, Morrissette Dep. 27:3-11.) Morrissette then confirmed that counsel had heard
correctly that he had said “the light went on about a minute before [he] decided to pull over.”
(Id. 27:22-25.) Although Plaintiffs clearly misrepresent Morrissette’s deposition testimony,
the Police Report indicates that Morrissette “related that the ABS light came on 20 miles
back” (Ex. B, Police Report at 9). The difference between what was recorded in the Police
Report and Morrissette's deposition testimony could be the difference between when
Morrissette decided to pull over and when he actually pulled over, or the difference could be □
attributable to some other reason. However. assuming that Morrissette made the decision to
over within a minute of seeing the brake warning light come on and pulled over
approximately twenty miles later, and assuming there were intervening opportunities to pull
over, these assumptions do not suggest that Morrissette had the requisite state of mind at
the time he chose to pull over on the shoulder of the interstate. In other words, foregoing
earlier opportunities to pull over does not support a conclusion that Morrissette had “a
subjective appreciation of the risk of harm” to which Adam Galovich was exposed and that

21

Morrissette “acted, or failed to act, in conscious disregard of that risk,” Hutchinson, 870 A.2d
at 772.
Plaintiffs’ conclusory statement about Morrissette and Arpin acting outside what they
“were tasked to do on their normal route [and] what Defendant FAF instructed its drivers to
do in its company training” when they pulled over on the side of the interstate (Doc. 34 at
10) is not accompanied by citations to the record and not relevant to Morrissette’s subjective
state of mind when he decided to pull over to check the warning about the trailer braking
light.
Plaintiffs’ reliance on Baade’s report does nothing to establish that Morrissette had “a
subjective appreciation of the risk of harm” to which Galovich was exposed and “acted, or
failed to act... in conscious disregard of that risk.” Hutchinson, 870 A.2d at 772. As set out □
above, Baade made suggestions as to alternative places Morrissette could have pulled over
that would have been “better” or “wiser” choices and concluded that Morrissette’s location
choice placed himself and others “unnecessary risk of injury or death.” (Doc. 34 at 10
(quoting Baade Report at 14).) However, an opinion that the parking location placed others
at an “unnecessary risk” does not speak to Morrissette’s “subjective appreciation” of a risk
of harm to Galovich. Notably, Baade does not acknowledge Morrissette’s explanation that
his decision was influenced by his observation of more difficult terrain ahead which included
his thought that “even though the truck feels right, | need to stop in a well-lit area and .

22

troubleshoot even if it’s for a minute or two just to give myself peace of mind before | go
down that grade into unknown territory.” (See Ex. C, Morrissette Dep. 37:19-23, Doc. 29-3.)
Morrissette’s general awareness of the dangers of pulling on and off the highway
through his FAF training (see Doc. 34 at 11) is not relevant to Morrissette’s state of mind
when he pulled off the highway before the accident at issue here.
Mortissette’s awareness of statutory “prohibitions as to standing/parking” does not
support Plaintiffs’ position (see Doc. 34 at 10-11) in that, assuming awareness of the
Pennsylvania statue arguendo, the prohibition in § 3353(a)(2)(vil) against standing or
parking a vehicle “[oJn a limited access: highway unless authorized by official traffic-control
devices” does not apply when it is necessary to do so “to protect the safety of any person or
vehicle.” 75 Pa. C.S. § 3353(a)(2)(vii). Because no credible evidence contradicts
Morrissette’s assertion that he pulled over to check the potential problem with the trailer
braking system before he got to a downgrade with curves in the road, see supra p. 8, and
because a faulty braking system on a downgrade would be a safety risk to those in the
tractor trailer and other motorists, Morrissette’s stopping on the shoulder of a limited access
highway is not necessarily a violation of § 3553. Further, Plaintiffs provide no suppor for the
proposition that a violation of a vehicular statute is relevant to the driver’s subjective state of

8 Although Morrisette and Arpin drove the route from Massachusetts to California for over a year
before the accident, Morissette testified that he did not drive the section where the accident occurred much
because usually Arpin would take over driving before they reached that location, specifically stating that he
had only driven that area “maybe once or twice in the year and a half prior if that.” (Ex. C, Morrissette Dep.
22:8-25, 35:9-20, (Doc. 29-3.)
23

_ mind in assessing a claim for punitive damages and caselaw supports the opposite
conclusion. As stated in Carson v. Tucker, Civ. A. No. 5:20-CV-00399, 2020 WL 4015244
(E.D. Pa. July 16, 2020),
allegations limited only to a defendant failing to comply with traffic law are not
- sufficient for punitive damages. Babenko [v. Dillon, Civ. A. No. 5:19-CV-00199,
2019 WL 3548833, at *3 (E.D. Pa. Aug. 8, 2019] (holding that defendant's
negligent speeding, failure to properly signal, and failure to properly observe
roadways does not warrant punitive damages); see also Elmi [v. Kornilenko, ‘
Civ. A. No. 3:17-CV-177, 2018 WL 1157996, at *5 (W.D. Pa. Mar. 2, 2018)]
(finding that imposing punitive damages on a defendant for passing another
vehicle at seventy miles per hour contradicts the policy of limiting punitive
damages to “outrageous” cases). □
2020 WL 4015244, at *4.
Similarly, Plaintiffs’ assertion that the Police Report “corroborates the recklessness
and dangerous nature of the parking of Defendants’ Tractor-Trailer Unit on the shoulder of
the interstate” (Doc. 34 at 11) is not relevant to Morrissette’s state of mind before the
accident. In the Police Report, Trooper Hodge states that he told Morrissette it was illegal to
park or stand a tractor trailer on the shoulder of a limited access highway and, Morrissette
having related that the ABS light came on twenty miles back, he had plenty of opportunity to
get off an exit. (Ex. B, Police Report at 9.) Trooper Hodge's statement indicates that he
informed Morrissette of the illegality of stopping a tractor trailer on the shoulder and noted
that he had opportunities to do otherwise. Neither observation supports a claim of
recklessness in that a defendant’s failure to comply with a traffic law is not sufficient for
punitive damages. See supra. Similarly, Trooper Hodge's observation that other

. 24

opportunities may have been available to Morrissette to get off the road points, at most, to
inadvertence, or mistake of error or judgment which may support a claim of ordinary
negligence but not a claim for punitive damages. See Hutchinson v. Penske Truck Leasing
Co., 876 A.2d 978, 983-84 (Pa. Super. Ct. 2005). Finally, as set out previously, nothing in

the Police Report indicates Morrissette’s state of mind when he decided to pull over on the
shoulder where he did.
Because Plaintiffs have not pointed to any evidence supportive of a culpable state of
mind, Plaintiff Adam Galovich’s claim for punitive damages in Count | for negligence against
Morrissette and Arpin will be dismissed.
b. Count V
Plaintiff Christie Galovich also seeks punitive damages for loss of consortium as set
out in Count V of Plaintiffs’ Amended Complaint. (Doc. 15 at 11-12.) Given that an action for
loss of consortium is derivative of the injured spouse’s claim, Winner v. Oakland Township,
2 A. 1110 (Pa. 1893), Plaintiff Christie Galovich’s claim for punitive damages in Count V for
loss of consortium against Morrissette and Arpin will be dismissed based on the Court’s
determination that the conduct of Morrissette and/or Arpin related to Adam Galovich, the
injured spouse, do not give rise to punitive damages. See Scattaregia v. Shin Shen Wu, 495
A.2d 552, 553-54 (Pa. Super. Ct. 1985) (limitation of the injured party’s recovery affects
spouse's recovery for indirect injury).

25

2. Punitive Damages Against FAF, Inc.
tn Count Il of Plaintiffs’ Amended Complaint, Plaintiff Adam Galovich alleges
vicarious liability against Defendant FAF, Inc. and seeks punitive damages. (Doc. 15 at 7.)
In Count Ill, Plaintiff Adam Galovich alleges negligence and corporate liability against
Defendant FAF, Inc. and seeks punitive damages. (Doc. 15 at 7-9.) In Count V, Plaintiff
Christie Galovich alleges negligence against all Defendants and seeks punitive damages.
(Doc. 15 at 11-12.)
Defendants state the Plaintiffs claims for punitive damages against FAF should be
dismissed because Plaintiffs have not produced sufficient evidence to establish that FAF
acted in a reckless manner. (Doc. 33 at 19.) Plaintiffs respond that they have provided
ample evidence of FAF’s reckless indifference to the risk of injury of Plaintiff Adam
Galovich. (Doc. 34 at 12.) The Court concludes that Plaintiffs have not produced sufficient
evidence to show that they are entitled to recover punitive damages against Defendant FAF.

a. Count II
Adam Galovich’s claim for vicarious liability against FAF in Count fl is based on the
“actions and/or omissions of Defendants Arpin and Morrissette” and the assertion that “[a]ny
liability imposing act or omission by Defendants Arpin and Morissette in the operation of the
Defendants’ Tractor Trailer Unit, imposes not only liability upon Defendants Arpin and
Morrissette, but also Defendant FAF, Inc.” (Doc. 15 31, 32.)

26

As summarized in Gold v. Carter, Civ. A. Nos. 2:23-CV-00828, 2:23-CV-00830, 2024
WL 1095676 (W.D. Pa. Mar. 13, 2024),
“under Pennsylvania law, a principal may be held vicariously liable for punitive
damages if the actions of [its] agent were ‘clearly outrageous,’ were committed
during and within the scope of the agent's duties, and were done with the intent
to further the principal's interests.” Loughman v. Consol-Pennsylvania Coal
Co., 6 F.3d 88, 101 (3d Cir. 1993) (citing Delahanty v. First Pennsylvania Bank,
N.A., 464 A.2d 1243, 1264 (1983)). To be clear, the standard to assess claims
for punitive damages is “ordinary outrageousness” regardless of vicarious or
direct liability. Gregory v. Sewell, No. 4:CV-04-2438, 2006 WL 2707405, at *11
(M.D. Pa. Sept. 19, 2006) (finding that the “ordinary outrageousness” standard
applies to direct and vicarious liability claims for punitive damages under
Pennsylvania law); see Achey v. Crete Carrier Corp., No. 07-CV-3592, 2009
WL 9083282, at *10 (E.D. Pa. Mar. 30, 2009) (“ ‘Clearly outrageous’ merely
reiterates Pennsylvania's already high punitive damages standard and does
not create a second, higher threshold for vicarious punitive liability.”) (internal
citation and quotations omitted).

2024 WL 1095676, at *3.
Here, as concluded above, the actions of Morrissette and/or Arpin were not
outrageous and do not give rise to an award of punitive damages. Accordingly, FAF could
not be liable for punitive damages if Morrissette or Arpin were to be found negligent.
Therefore, Plaintiff Adam Galovich’s claim for punitive damages against Defendant FAF in
Count II based on vicarious liability is properly dismissed.
b. Count III
In Count III, Plaintiff Adam Galovich brings a direct claim for negligence and
corporate liability against FAF. (Doc. 15 at 7-9.) Count Ill alleges that that FAF “engaged in
negligent, careless and reckless conduct” in ten different ways, including entrusting

27

Morrissette and Arpin with the tractor-trailer, failing to adequately instruct and/or train them,
failure to adequately supervise them, and failing to have appropriate policies, procedures,
and manuals. (/d. J 34.) .

Relevant caselaw establishes the principle that a defendant trucking company
cannot be held directly liable for punitive damages unless the defendant has a conscious
appreciation of the risk of harm. Achey v. Crete Carrier Corp., Civ. A. No. 07-CV-3592, 2009
WI 9083282, at *4 (E.D. Pa. Mar. 20, 2009); Gregory v. Sewell, Civ. A. Nos. 4:04-CV-2438,
4:04-CV-2439, 4:-4-CV-2440, 2006 WL 2707405, at *11 n.5 (M.D. Pa. Sept. 19, 2006). As
noted in Sewell, “[i]t is obvious that a defendant cannot consciously appreciate the risk of
harm in a situation at which it is not present and of whose risky conditions it is not
immediately aware.” Id.
As will be discussed in greater detail below, the assertions allegedly supporting
direct liability on the part of FAF set out in Count III of the Amended Complaint (Doc. 15
34) and reiterated in Plaintiffs’ brief in opposition to the pending motion (Doc. 34 at 11) are
nothing more than a laundry list of conclusory assertions unsupported by any facts of
record. Plaintiffs’ statement that they have “provided ample evidence as to the reckless
indifference to the risk of injury by Defendant FAF, Inc., through its own negligence,
careless, and reckless conduct” (Doc. 34 at 12) merely references the list identified above.
Because Plaintiffs offer no cognizable basis to undermine Defendants’ argument that
Plaintiffs have not stated a claim for punitive damages against FAF in Count Ill, Plaintiff

28

Adam Galovich’s claim for punitive damages against Defendant FAF in Count Ill based on is
properly dismissed.
c. Count V
As discussed in relation to Plaintiffs’ claims for punitive damages against Morrissette
and Arpin, see supra, the conclusion that Plaintiffs’ have not shown entitlement to punitive
damages against FAF in Counts II and III supports the further conclusion that Plaintiff
Christie Galovich is not entitled to punitive damages against FAF in her claim for loss of
consortium in Count V of the Amended Complaint to the extent that claim is derivative of
Plaintiff Adam Galovich’s claims in Counts II and Ill. □
B. Negligence & Corporate Liability (Count Ill)
Defendants also assert that they are entitled to dismissal of Plaintiffs claim for □
negligence and corporate liability in Count III of the Amended Complaint based on what they
state to be “well-established” caselaw. (Doc. 33 at 20.) Plaintiffs do not disagree with the
limitations on corporate negligence set out in the authority cited by Defendants, but they
maintain that they have shown that an exception to the rule applies in this case, (Doc. 34 at
13.) The Court concludes that relevant authority indicates that Count III cannot go forward.

As stated by Defendants, the “well-established” rule has been set out in numerous
district court cases within the Third Circuit which have concluded that

a plaintiff cannot pursue a claim against an employer for negligent entrustment,
hiring, supervision, or training when the employer admits that its employee was
acting within the scope of employment when the accident occurred . . . [with]

29

the only exception to this general rule [being when] the plaintiff has a viable
claim for punitive damages against the supervisor/employer defendant.
(Doc. 33 at 20 (internal quotation marks omitted) (citing Testa v. Senn Freight Lines, Inc.,
Civ. A. No. 14-0117, 2016 WL 465459, at *2 (E.D. Pa. Feb. 8, 2016); Sferner v. Titus
Transp., LP, Civ. A. No. 3:10-CV-2027, 2013 WL 6506591, at *3 (M.D. Pa. Dec. 12, 2013);
Felkner v. Werner Enterprises, Inc., Civ. A. No. 13-2189, 2014 WL 1013474, at *7, 8 (E.D.
Pa, Mar. 14, 2014): Achey v. Crete Carrier Corp., Civ. A. No. 07-CV-3592, 2009 WL
9083282, at *8 (E.D. Pa. Mar. 30, 2009).

Stating that the Pennsylvania Supreme Court has not addressed the issue, Plaintiffs

agree with the general rule set out in Defendants’ brief. (Doc. 34 at 13.) However, they
argue that “Plaintiffs maintain a viable claim for punitive damages against the superior
defendant, falling into the applicable exception.” (Id.)
Plaintiffs’ assertion that Count III should go forward pursuant to the punitive
damages exception to the cited general rule is without merit based on the foregoing findings
that Plaintiffs have not shown entitlement to punitive damages for any pending claim in their
Amended Complaint. However, the Court’s analysis will not end with the application of the
well-recognized rule because the Court recognizes that two District Court cases have
espoused “a more nuanced analysis” of the availability of a corporate negligence claim
when agency is admitted, Villagran v. Freightbull, Inc., Civ. A. No. 22-2159, ---F. Supp. 3d---

, 2023 WL 6690700 (E.D. Pa. Oct. 12, 2023); Zellers v. lorahim, Civ. A. No.3:23-CV-1188,
2024 WL 1416503 (M.D. Pa. Apr. 2, 2024) (citing Villagran, 2023 WL 6690700, at *‘).
30

Acknowledging the “well-established” rule set out above, Villagran questioned “a
blanket rule that direct liability claims must always be dismissed unless the plaintiff can
meet the onerous standard for punitive damages.” 2023 WL 6690700, at *4. In considering
an approach distinct from that previously applied by United States District Courts in
Pennsylvania, Villagran stated that
dismissal of direct liability claims need not invariably follow from the preclusion
of punitive damages. Instead, the issue should be addressed through the lens
of Federal Rule of Evidence 403, under which probative value is weighed
against unfair prejudice. It may be true that evidence in support of a direct claim
for negligent hiring or training has a prejudicial impact on the rest of the case.
But that hardly ends the analysis, given the adage that all relevant evidence is
_ prejudicial in some respect or else it would not be relevant. In other contexts —
including criminal cases where liberty is at stake - mere prejudice does not
suffice to exclude evidence, but only unfair prejudice. Without the same
balancing principles governing direct liability claims like those brought here, the
practical effect of the majority rule is to create an inherent bias in favor of civil
defendants, for which | can discern no logical reason or legal authority.
Id. Applying the identified balancing test to the facts of the case, Villagran found that
dismissal of the direct liability claim against the trucking company was warranted. /d. at *5.
The determination was based on the conclusion that
[t]he evidence of corporate negligence on Freightbull's part does not just fail to
meet the standard for punitive damages - it is minimal. The criticism leveled at
Freightbull's in-house training program seems peripheral, and the charges that □
it failed to train drivers on pre-trip planning or conduct accident investigations
are wholly unrelated to the accident in this case.
Id.
Zellers included the Villagran approach in summarizing the legal framework relevant
to corporate negligence claims when agency has been admitted, noting that
31

[o]nly when [the Federal Rule of Evidence 403] balancing test actually results
in ‘peripheral’ or ‘wholly unrelated’ evidence against the company relative to
the actions of the driver or the facts of the accident, then the danger of unfair
prejudice would justify the dismissal of claims for negligent hiring, training,
supervision, and entrustment.
2024 WL 1416503, at *4 (quoting Villagran, 6690700, at *4-5). Though the procedural
posture in Zellers did not require application of the balancing test, the plaintiff's motion to
amend her complaint was granted with the observation that “the court cannot see the futility
of plaintiff's proposed claims for negligent hiring, training, supervision, and retention” against
the corporate defendant. /d.
Here, the Court having determined that Plaintiffs’ claims for punitive damages fail,
there is no doubt that Plaintiffs’ claim for negligence and corporate liability in Count Ill fails
under the widely-adopted rule that such a claim cannot proceed where agency is admitted
and punitive damages are not warranted. The Court also concludes that, if the Court were to
apply the balancing test espoused in Villagran and Zellers, dismissal of Count III would be
warranted because Plaintiffs have not provided sufficient evidence for their claim of
negligence and corporate liability against FAF to proceed.
In Count III of Plaintiffs’ Amended Complaint and their opposition brief to the pending
motion, Plaintiffs state that FAF has □

engaged in negligent, careless, and reckless conduct by:
a. Entrusting Defendants Arpin and Morrissette with a tractor-trailer unit
when Defendants knew or should have known that said Defendants
lacked sufficient skill, judgment, and prudence in the operation of such
a unit:
32

b. Failing to adequately instruct and/or train Defendants Arpin and □
Morrissette in the safe operation of a tractor-trailer unit before entrusting
them with the same;
c. Failing to adequately ascertain that Defendants Arpin and Morrissette
lacked the ability necessary to safely operate the tractor-trailer unit
under the circumstances; and
d. Failing to ensure that its employees, drivers and/or agents comply with
the provisions of the Pennsylvania Motor Vehicle Code and the Federal
_ Motor Carrier Transportation Safety Regulations;
e. Failing to provide any training to Defendants Arpin and Morrissette prior
to allowing them to operate the tractor-trailer unit;

_ f. Failing to properly supervise Defendants Arpin and Morrissette in the
operation of the tractor-trailer unit to ensure compliance with
Pennsylvania Motor Vehicle Code and the Federal Motor Carrier □
Transportation Safety Regulations;
g. Failing to have any policies and procedures in effect at the time of the
accident regarding safety;
h. Failing to have any safety policies or procedures either written or
unwritten in effect for their drivers at the time of the subject accident;
i. Failing to adopt appropriate employee manuals and/or training
programs; and
j. Failing to enforce the employee manuals and/or training procedures of
. Defendants.
(Doc. 15 J 34; Doc. 34 at 11-12.)

Discovery having been completed before the filing of Defendants’ Motion (see Doc.
26), Plaintiffs do not come forward with any factual averments supporting the conclusory
assertions originally set out in their Amended Complaint. Based on the total lack of factual
support for any of the listed conduct, this Court has no basis to conclude that any of the ten

33

alleged instances of “negligent, careless, and reckless conduct” (Doc. 15 J] 34; Doc. 34 at
11-12) are relevant to the facts of this case. Therefore, Plaintiffs’ list of allegedly offensive
conduct, lacking relevance, would not make it as far as the balancing test of Rule 403 of the
Federal Rules of Evidence were the Court to apply that test. Therefore, dismissal of
Plaintiffs’ claims for negligence and corporate liability in Count III of the Amended Complaint
is warranted.
V. CONCLUSION
For the reasons set forth above, Defendants’ Motion for Partial Summary Judgment
(Doc. 29) will be granted. A separate pero
FY
be Ku | WL, /
Robert D. Mariani
United States District Judge

34

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10414824. Public record. Not legal advice.