Hu v. XPO Logistics, LLC

CourtCalifornia Court of Appeal
DecidedJanuary 16, 2026
DocketB342355
StatusPublished

This text of Hu v. XPO Logistics, LLC (Hu v. XPO Logistics, LLC) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hu v. XPO Logistics, LLC, (Cal. Ct. App. 2026).

Opinion

Filed 1/16/26 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

YONGQUAN HU et al., B342355

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. v. 21STCV07830)

XPO LOGISTICS, LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bradley S. Phillips, Judge. Affirmed.

Strassburg, Gilmore & Wei, William R. Gilmore and Adam R. Lugo for Plaintiffs and Appellants.

Greines, Martin, Stein & Richland, David E. Hackett and Stefan C. Love, Robert A. Olson; Trachtman & Motu and Kevin L. Henderson; McNeil Tropp & Braun, Jeff I. Braun and Tracy L. Breuer for Defendant and Respondent. ****** The employee of a carrier hired by a broker to transport cargo across state lines sued the broker for negligence in not protecting him from harm. California law presumes that a person (here, the broker) who hires an independent contractor (here, the carrier) owes no duty of care to the employees of that independent contractor for the injuries those employees suffer while working for the independent contractor. (Sandoval v. Qualcomm Inc. (2021) 12 Cal.5th 256, 269, 270 (Sandoval).) The trial court granted summary judgment to the broker on this ground. In this appeal, the employee argues that the broker has a nondelegable duty to protect the carrier’s employees and that the broker actually exercised control over the carrier’s transportation of cargo. Because the undisputed evidence indicates that the broker did not perform any duties of a carrier and did not actually exercise any control over the carrier’s transport of the cargo, the trial court correctly determined that there were no triable issues of fact and properly granted summary judgment. We further hold that the test applicable in determining whether a broker is strictly liable for property damage to cargo—which turns on whether the broker holds itself out as a carrier, as set forth in Essex Insurance Company v. Barrett Moving & Storage, Inc. (11th Cir. 2018) 885 F.3d 1292 (Essex)—is irrelevant to the question of liability for personal injury to an independent contractor’s employees under California law. We accordingly affirm the judgment in favor of the broker.

2 FACTS AND PROCEDURAL BACKGROUND I. Facts A. The accident During a rainy night on March 21, 2020, Yongquan Hu (plaintiff) was sleeping in the bunk compartment of a truck while his co-worker was driving the truck on a highway outside of Oklahoma City. Plaintiff and the driver were en route from Sabert Corporation’s (Sabert) warehouse in Sayreville, New Jersey to its warehouse in Riverside, California; they were transporting a load of plasticware. At around 10:30 p.m., the driver lost control of the truck, causing it to strike the right side of the highway’s barrier wall, lose the trailer, cut across the road, and collide with the inside barrier wall. Plaintiff suffered catastrophic injuries, paralyzing him. B. How the transport was arranged 1. Sabert tenders the shipment Sabert had tendered a quote for transport of its shipment of plasticware in mid-March 2020. 2. Sabert relied on XPO to broker transport of the goods The tender was accepted by XPO Logistics, LLC (XPO). XPO is a federally licensed property broker. Thus, at the time of the accident, XPO was authorized to act as a broker between a shipper and a carrier to arrange for the transportation of goods. XPO was not itself licensed or authorized to act as a carrier. XPO did not own any trucks, employ any drivers, or have a maintenance or safety department. Sabert was one of XPO’s existing shipper customers. XPO and Sabert had entered into a “Broker/Shipper Transportation Agreement” in February 2019, with XPO identified as the

3 “broker” and Sabert as the “shipper” who “desires to utilize the services of [XPO] to arrange for transportation of [Sabert’s] freight.” The broker agreement provides, as pertinent here, that: -- XPO is a broker, not a carrier. The broker agreement states that XPO’s contractual “responsibility” is “limited to arranging for, but not actually performing, transportation of [Sabert’s] freight.” (Italics added.) It also expressly states that XPO is “not a carrier,” and is not an agent of the carrier. Indeed, the broker agreement clarified that Sabert’s “insertion” of XPO on any bill of ladings as the “carrier” “shall be for [Sabert’s] convenience only and shall not change [XPO’s] status as a property broker.” -- XPO will engage carriers. The broker agreement states that XPO will enter into written contracts with carriers for the actual transport of Sabert’s goods. -- XPO will ensure carrier compliance. The broker agreement requires XPO to ensure that its contracts with carriers engaged to transport Sabert’s goods include provisions requiring the carrier to indemnify Sabert and XPO, to maintain insurance benefitting Sabert and XPO, and to comply with federal and state laws. XPO must also “require its [c]arriers to comply” with Sabert’s “Transportation Security Policy,” which sets forth how Sabert’s goods should be protected “throughout the transportation chain,” and with Sabert’s “OS&D Policy,” which sets forth how claims over the quantity or condition of goods delivered will be resolved. -- XPO will maintain insurance. The broker agreement requires that XPO also maintain several types of insurance, and that Sabert be named as a “Certificate Holder.”

4 -- XPO’s liability. The broker agreement states that to the extent “loss, damage or delay in the transportation of [Sabert’s] property” is caused by XPO’s “negligent acts or omissions in the performance” of the contract, XPO’s liability to Sabert is limited to $100,000 per shipment. 3. XPO hired Alliance as the carrier of the goods American Alliance Logistics, Inc. (Alliance) sought out the job XPO was brokering to transport Sabert’s freight. Alliance is a federally licensed motor carrier. It relies on a team of about nine drivers, who are tested by Alliance for driving safety. Plaintiff was an employee or independent contractor of Alliance. Alliance was already one of the carriers XPO relied on in brokering transport of its customers’ shipments. XPO and Alliance had entered into a “Motor Carrier Transportation Agreement” in October 2019, with Alliance identified as the “carrier” and XPO as the “broker” who “desires to engage [Alliance] as an independent contractor to provide transportation.” The carrier agreement provides, as pertinent here, that: -- XPO is not a carrier. The carrier agreement expressly states that XPO will not “be considered a ‘motor carrier’ for any purpose in connection with” the contract. While Alliance is required to “ensure that [its] name is clearly stated as the carrier of record on [a bill of lading]”, “[a]ny incorrect identification of [XPO] as a carrier under such [bill of lading] shall not affect [XPO’s] status as a property broker nor relieve [Alliance] of its obligations” under the carrier agreement. -- Alliance performs the transport. The carrier agreement obligates Alliance to “load, transport, deliver and

5 unload all freight specified on each load tender in a timely, safe and secure manner and in accordance with” the contract. Alliance agreed to “have exclusive supervision and control over the operations of [its] [r]epresentatives as well as all vehicles and equipment used to perform its transportation services.” The carrier agreement states that XPO is not to be “considered the employer of” any of Alliance’s drivers. -- Alliance’s liability. The carrier agreement states that Alliance will “assume the liability of a common carrier for full actual loss or damage to goods transported,” that liability attaches “from the time of the receipt of the goods by [Alliance] until proper delivery,” and that Alliance would be “directly liable” to the shipper. C.

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Hu v. XPO Logistics, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hu-v-xpo-logistics-llc-calctapp-2026.