Courtney v. Ivanov

41 F. Supp. 3d 453, 2014 U.S. Dist. LEXIS 114166, 2014 WL 4097351
CourtDistrict Court, W.D. Pennsylvania
DecidedAugust 18, 2014
DocketCivil Action No. 3:13-227
StatusPublished
Cited by5 cases

This text of 41 F. Supp. 3d 453 (Courtney v. Ivanov) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Courtney v. Ivanov, 41 F. Supp. 3d 453, 2014 U.S. Dist. LEXIS 114166, 2014 WL 4097351 (W.D. Pa. 2014).

Opinion

MEMORANDUM OPINION

KIM R. GIBSON, District Judge.

I. Introduction

This personal injury action arises from a traffic accident involving two tractor-trailers on Interstate 80. Presently before the Court is a motion for partial dismissal (ECF No. 7) pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant Freightlion Logistics, LLC. Specifically, Freightlion moves to dismiss (1) Count X of Plaintiffs’ complaint for failing to state a cognizable cause of action, and (2) Plaintiffs’ claims for punitive damages for failing to allege sufficient facts. Freightlion’s motion raises a question of first impression in this District: Whether 49 U.S.C. § 14704(a)(2) creates a private right of action for a personal injury claim? For the reasons below, the Court finds that it does not. Accordingly, the Court will GRANT Freightlion’s motion to dismiss Count X of the complaint. However, the Court will DENY Freightlion’s motion to dismiss Plaintiffs’ claims for punitive damages.

II. Jurisdiction

The Court has diversity jurisdiction over this matter pursuant to 28 U.S.C. § 1382(a). Venue is proper under 28 U.S.C. § 1391(b)(2) because a substantial portion of the events giving rise to the claims occurred in the Western District of Pennsylvania.

III.Background

This case involves personal injuries and property damage sustained when a tractor-trailer, owned by Plaintiff Kreilkamp Trucking, Inc. and driven by Plaintiff Eddie L. Courtney, Jr., collided with a tractor-trailer owned by Defendant Victor Motryuk and driven by Defendant Yuriy Ivanov. Plaintiffs allege the following facts in their complaint, which the Court accepts as true for the sole purpose of deciding the pending motion.

The Defendants in this case, including Freightlion, operated under certain contracts and agreements with one another to transport and deliver cargo. (ECF No. 1, Compl. ¶¶ 17-19). On August 2, 2012, Defendant Ivanov was driving a tractor-trailer on Interstate 80. (Id. ¶ 22). Defendant Ivanov stopped the tractor-trailer in the West-bound, right-hand lane of Interstate 80, without warning and without activating any kind of signal device or light. (Id. ¶¶ 24-25). Plaintiff Courtney, who was also driving his tractor-trailer in the Westbound, right-hand lane of Interstate 80, collided with the rear of Defendant Ivanov’s tractor-trailer. (Id. ¶¶ 21, 26). As a result of the collision, Plaintiff Courtney suffered personal injuries, and the tractor-trailer that he was driving sustained property damage. (Id. ¶¶ 31-39). The complaint alleges that, at the time of the collision, Defendants Ivanov and Motryuk were agents or employees of Freightlion. (Id. ¶ 29).

Plaintiffs filed an eleven-count complaint (ECF No. 1) against Defendants on September 27, 2013. Among other things, Plaintiffs assert a claim against Freight-lion in Count X for damages under the Motor Carrier Act, 49 U.S.C. §§ 10101 et [456]*456seq. (“MCA”), and the Federal Motor Carrier Safety Regulations (“FMCSR”). (Id. ¶¶ 103-112). Plaintiffs also seek punitive damages against Freightlion in Counts III, IV, and X.

Freightlion has filed a motion for partial dismissal, asking the Court to. dismiss both Count X of the complaint and Plaintiffs’ claims for punitive damages against Freightlion. (ECF No. 7). The parties have fully briefed the Court (see ECF Nos. 8, 12), and this matter is now ripe for adjudication.

IV. Standard of Review

Freightlion has moved to dismiss certain claims in Plaintiffs’ complaint pursuant to Rule 12(b)(6). The Federal Rules of Civil Procedure require that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Rule 12(b)(6) allows a party to seek dismissal of a complaint or any portion of a complaint for failure to state a claim upon which relief can be granted. Although the federal pleading standard has been “in the forefront of jurisprudence in recent years,” the standard of review for a Rule 12(b)(6) challenge is now well established. Fowler v. UPMC Shadyside, 578 F.3d 203, 209 (3d Cir.2009).

In determining the sufficiency of a complaint, a district court must conduct a two-part analysis. First, the court must separate the factual matters averred from the legal conclusions asserted. See Fowler, 578 F.3d at 210. Second, the court must determine whether' the factual matters averred are sufficient to show that plaintiff has a “plausible claim for relief.” Id. at 211 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). The complaint need not include “detailed factual allegations.” Phillips v. County of Allegheny, 515 F.3d 224, 231 (3d Cir.2008) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

Moreover, the court must construe the alleged facts, and draw all inferences gleaned therefrom, in the light most favorable to the non-moving party. See id. at 228 (citing Worldcom, Inc. v. Graphnet, Inc., 343 F.3d 651, 653 (3d Cir.2003)). However, “legal conclusions” and “[tjhreadbare recitals of the elements of a cause of action ... do not suffice.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. Rather, the complaint must present sufficient “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Sheridan v. NGK Metals Corp., 609 F.3d 239, 263 n. 27 (3d Cir.2010) (quoting Iqbal, 556 U.S. at 678, 129 S.Ct. 1937).

Ultimately, whether a plaintiff has shown a “plausible claim for relief’ is a “context specific” inquiry that requires the district court to “draw on its judicial experience and common sense.” Iqbal, 556 U.S. at 679, 129 S.Ct. 1937. The relevant record under consideration includes the complaint and any “document integral or explicitly relied on in the complaint.” U.S. Express Lines, Ltd. v. Higgins, 281 F.3d 383, 388 (3d Cir.2002) (citing In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410

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41 F. Supp. 3d 453, 2014 U.S. Dist. LEXIS 114166, 2014 WL 4097351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courtney-v-ivanov-pawd-2014.