Mudge v. Riverside Transportation Inc.

CourtDistrict Court, N.D. Texas
DecidedJuly 14, 2025
Docket2:23-cv-00159
StatusUnknown

This text of Mudge v. Riverside Transportation Inc. (Mudge v. Riverside Transportation Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mudge v. Riverside Transportation Inc., (N.D. Tex. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION JOHNATHAN MUDGE, § § Plaintiff, § § v. § 2:23-cv-159-BR § RIVERSIDE TRANSPORTATION, INC., § RIVERSIDE TRANSPORT, INC., and § RENA TALTON, § § Defendants. § MEMORANDUM OPINION AND ORDER PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANT RIVERSIDE TRANSPORT, INC.’S MOTION FOR SUMMARY JUDGMENT Before the Court is Defendant Riverside Transport, Inc.’s December 20, 2024 No-Evidence Motion for Summary Judgment. (ECF 63). The Movant urges the Court to issue summary judgment dismissing all claims asserted against it in Plaintiff’s Original Petition, Jury Demand, and Request for Mandatory Initial Disclosures. (Id. at 6; see ECF 1-3 at 9–10). The primary grounds for the Motion is Movant’s argument that it was not the employer of a driver co-defendant at the time of a motor vehicle collision. (ECF 63 at 4–5). Having considered the parties’ filings and the applicable law, the Court finds the Motion should be GRANTED as to Plaintiff’s claim for negligent entrustment and DENIED as to all other claims. I. BACKGROUND The facts of the events giving rise to this lawsuit centers are generally undisputed. On October 5, 2021, in the city of Vega, Texas, Plaintiff was in the sleeper berth of a parked tractor- trailer. (ECF 49 at 2, ¶9 (Defendants’ First Amended Original Answer to Plaintiff’s Original Petition)). Defendant Rena Talton, who was driving a tractor-trailer through the parking lot, struck the vehicle in which Plaintiff was located. (Id.). Prior to this accident, Talton had held her commercial driver license (“CDL”) for approximately a year. (ECF 106 at 191). Other than the one at issue in this lawsuit, Talton has never been involved in a motor vehicle collision. (Id. at 207). She has received traffic citations for speed and seat belt violations, and she was once put out of service by the Department of Transportation for driving without having her CDL on her person. (Id. at 207–08). The truck Talton was driving was marked with the logo and USDOT number for Defendant Riverside Transportation, Inc. (“RS Transportation”).1 (ECF 106 at 137). Defendants have

stipulated that Talton was an employee acting within the course and scope of her employment with RS Transportation at the time of the accident, that RS Transportation and Talton acted negligently in connection with the accident, and that their negligence was a proximate cause of the collision. (ECF 111). The parties dispute the extent of damages and injuries that resulted from the collision. The instant Motion turns heavily on the relationships between the Defendants. As further detailed infra, Section II, “Subject Matter Jurisdiction,” RS Transportation and the Movant (together, the “Corporate Defendants”) are distinct corporations, organized under the laws of different states and having their headquarters in different states. According to the corporate disclosure they jointly filed in connection with this litigation, neither of them has a parent company. (ECF 117 at 1). Each has a distinct USDOT number associated with the different states

in which they are headquartered. (ECF 106 at 11–12; accord ECF 109-2 at 7–8). Defendants produced an insurance policy under Rule 26(a)(1)(A)(iv) showing Movant as the primary named insured, but listing RS Transportation in the attached schedule as an additional named insured. (ECF 106 at 157–67, and ECF 109-2 at 17). Plaintiff has also submitted multiple

1 Because Defendant Riverside Transportation, Inc. and Defendant Riverside Transport, Inc. have similar names, the undersigned refers to Defendant Riverside Transportation, Inc. as “RS Transportation” and refers to Defendant Riverside Transport, Inc. as “Movant.” documents created by third parties, such as background check reports for Talton at the time she was hired, and invoices for repair and maintenance service on the truck or trailer she was driving at the time of the accident, that show Movant as the customer. (ECF 106 at 139 and id. at 169–78). First-party documents from the Corporate Defendants also indicate some admixture between the two companies. Emails in a chain discussing paperwork processes associated with the loads driven by Talton are marked with email signatures for three different individuals that identify them each as working for Movant. (Id. at 143–55). The Court notes that these email signatures also

included multiple links that refer to Movant, including to a Facebook page, a YouTube channel, a company website, and a Microsoft account for a Human Resources group. (Id. at 143–44). Separately, Plaintiff submitted Talton’s trip list covering the period in which the accident occurred, which features Movant’s name at the top of the page. (Id. at 141). One individual, Laura Wolfe, testified as the representative for both Corporate Defendants pursuant to Federal Rule of Civil Procedure 30(b)(6). (ECF 106 at 5 (deposition title page as included at Exhibit A of Plaintiff’s Appendix); accord ECF 109-2 at 3 (the same page as included at Exhibit A of Movant’s Appendix)).2 Wolfe identified herself as an employee of a third party, Road Team Staffing, who was then leased to RS Transportation to serve as its vice president of risk management. (ECF 106 at 9–11; accord ECF 109-2 at 6–7).3 When asked her affiliation with

Movant, Wolfe answered that she was a “representative.” (ECF 106 at 11; accord ECF 109-2 at

2 Most pages in each party’s appendices are marked with multiple different, mutually inconsistent systems of page numbering. For example, each page from the transcript of Ms. Wolfe’s deposition appears in Plaintiff’s Appendix with original page numbers of the transcript in the upper right corner, and page numbers indicating the position in Plaintiff’s appendix in the lower right corner. When the Court cites to the record, it is not to any of these internal numbering systems, but is instead to page numbers that the Court’s electronic case filing system (“ECF”) assigns to every document filed with the Court. Whenever a document is accessed as part of the record in a case, ECF page numbers appear in blue, half an inch below the top margin of the document. 3 Talton, similarly, was directly employed by a third party, Riverside Staffing, Inc., and then leased to RS Transportation to work as a driver; her pay stubs reflect Riverside Staffing as the issuing entity. (ECF 106 at 20–21; accord ECF 109-2 at 12). 7); see FED. R. CIV. P. 30(b)(6) (allowing a corporate deponent to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf[.]”). According to Wolfe, Movant secures freight for RS Transportation: “So they go get the freight with the customers, they sign contracts with the customers, and then that freight is essentially transferred to [RS Transportation] to run.” (ECF 106 at 129). Wolfe testified the phrase, “RTI Family” is used in a company handbook to refer to “Drivers and people who are employed by or leased to [RS Transportation,]” and when asked if “it at all encompass[es Movant,]” she

responded, “It could.” (Id. at 19–20; accord ECF 109-2 at 10). The companies use an identical logo featuring the letters “RTI,” except the word “Transport” appears in Movant’s logo where “Transportation” appears in RS Transportation’s logo. (ECF 106 at 20; accord ECF 109-2 at 10). Plaintiff initiated this personal injury lawsuit in Texas state court, asserting claims against Talton for negligence, and against the Corporate Defendants for direct negligence, as well as for vicarious liability for Talton’s negligence under a theory of respondeat superior. (ECF 1-3 at 7–11). Plaintiff also originally asserted gross negligence claims against the Corporate Defendants but has since voluntarily dismissed those. (See id.

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Mudge v. Riverside Transportation Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/mudge-v-riverside-transportation-inc-txnd-2025.