Port of Virginia Wins Motion to Dismiss in Wrongful Death Case
Gentry Locke for the Defendant
Defended the Port of Virginia in a wrongful death lawsuit arising out of a multi-vehicle accident in West Virginia. During the transport of cargo that passed through the Port, a trailer detached from a truck, causing a multi-vehicle accident that resulted in a death of another driver. Plaintiff, the decedent’s estate – sued the truck driver and transportation company who retrieved the cargo from the Port. The estate also sued another tractor-trailer driver and company involved in the accident, each broker and freight forwarder, the shipping company, and the Port’s operating subsidiary. The Port filed a number of motions to dismiss, including one to dismiss for lack of personal jurisdiction. The Port did not place the cargo into the stream of commerce or direct that the cargo travel through West Virginia.
The West Virginia state court agreed, upholding the rule that a cargo loader is not subject to jurisdiction in another state simply because cargo passes through its hands.
