Tierney v. Arrowhead Concrete Works, Inc.

791 N.W.2d 540, 2010 Minn. App. LEXIS 163, 2010 WL 4721573
CourtCourt of Appeals of Minnesota
DecidedNovember 23, 2010
DocketNo. A10-557
StatusPublished
Cited by3 cases

This text of 791 N.W.2d 540 (Tierney v. Arrowhead Concrete Works, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tierney v. Arrowhead Concrete Works, Inc., 791 N.W.2d 540, 2010 Minn. App. LEXIS 163, 2010 WL 4721573 (Mich. Ct. App. 2010).

Opinion

OPINION

STONEBURNER, Judge.

Appellant is the trustee for the heirs and next-of-kin of a commercial tractor-trailer driver who was killed in a traffic accident allegedly caused by failure of respondent J.L. Carlson and Associates Inc., driver’s employer, to comply with federally mandated safety requirements for equipment and maintenance of the tractor-trailer. Appellant sued respondent for wrongful death, asserting that 49 U.S.C. §§ 14704(a)(2) and 14707(a) provide private causes of action for wrongful death that are not barred by the exclusivity provision in Minnesota’s Workers’ Compensation Act, Minn.Stat. §§ 176.001-.862 (2008) [542]*542(the WCA). The district court held that (1) the relevant federal statutes only preempt the WCA if the provisions of the federal and state laws conflict; (2) the relevant federal statutes do not provide for the private causes of action asserted and therefore do not conflict with the WCA; and (3) appellant’s claims are barred under the exclusivity provision of the WCA.

FACTS

For purposes of this appeal, the facts are undisputed. Harlan Ficken was killed in a tragic one-vehicle accident when the brakes of the tractor-trailer he was operating failed as he attempted to negotiate a curve at the bottom of a hill, causing the vehicle to overturn. Ficken was employed by respondent J.L. Carlson and Associates Inc. (Carlson) at the time of the accident, and his death arose out of the course of his employment with Carlson. Carlson had a nondelegable responsibility to comply with the safety and registration requirements of the Motor Carrier Act of 1980 (also known as the Interstate Transportation Act), as amended by the ICC1 Termination Act of 1995 (ICCTA) and other amendments (the Motor Carrier Act, collectively). 49 U.S.C. §§ 13101-14903 (2006).2

Ficken’s survivors received workers’ compensation benefits. Appellant Michael T. Tierney, as trustee for Ficken’s surviving spouse, heirs, and next-of-kin, sued Carlson, alleging that Carlson’s acts and omissions relating to the condition of the brakes and suspension system on the tractor-trailer violated provisions of the Motor Carrier Act, specifically 49 U.S.C. §§ 14704 and 14707, causing Ficken’s wrongful death.

Carlson answered, asserting, in relevant part, as affirmative defenses, that the complaint failed to state a claim on which relief could be granted and that the claims are barred by the WCA. Carlson then moved to dismiss under Minn. R. Civ. P. 12.02(a) (lack of jurisdiction over the subject matter) and Minn. R. Civ. P. 12.02(e) (failure to state a claim upon which relief can be granted). The trustee opposed the motion, asserting that the federal statutes provide private causes of action for Ficken’s wrongful death that are not barred by the exclusivity provision of the WCA.

The district court granted Carlson’s motion to dismiss, concluding that (1) the private cause of action provided for in 49 U.S.C. § 14704(a)(2) is limited to claims for commercial damages; (2) the trustee failed to state a claim under 49 U.S.C. § 14707(a), which provides for private actions to enforce federal registration requirements, because the trustee failed to plead a registration violation causally related to the claim; and (3) the WCA’s exclusivity provision bars Carlson’s claims. In this appeal, trustee challenges the dismissal of claims asserted under the Motor Carrier Act.

ISSUES

1. Did the district court err by holding that 49 U.S.C. § 14704(a)(2) does not provide a private cause of action for personal injury or death caused by a carrier’s act or omission in violation of the Motor Carrier Act or its regulations?

2. Did the district court err by holding that the trustee’s wrongful-death action failed to state a claim under 49 U.S.C. § 14707(a) because the complaint did not allege a failure to comply with the regis[543]*543tration requirements of the Motor Carrier Act or that a failure to comply with registration requirements caused the wrongful death?

3. Did the district court err by holding that the WCA provides the exclusive remedy for the trustee’s claims?

ANALYSIS

I. Standard of Review

Carlson moved, under Minn. R. Civ. P. 12.02, for judgment on the pleadings. In opposition to the motion, the trustee submitted the affidavits of two expert witnesses, who opined that (1) the brakes on the tractor-trailer were defective and caused Ficken’s death and (2) Carlson violated federal safety and record-keeping requirements of the Motor Carrier Act. The district court’s order does not refer to any documents outside of the pleadings and is based on Minn. R. Civ. P. 12.02. Nonetheless, the parties argue that — due to the submission of affidavits — the motion should have been decided as a motion for summary judgment under Minn. R. Civ. P. 56. See Minn. R. Civ. P. 12.02 (stating, in relevant part, that if, on a rule 12.02 motion, matters outside of the pleadings are submitted to and not excluded by the district court, “the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56”).

Based on the district court’s order, we conclude that the district court implicitly excluded the affidavits and decided the motion based solely on the pleadings under rule 12.02. “When reviewing a case dismissed pursuant to Minn. R. Civ. P. 12.02(e) for failure to state a claim on which relief can be granted, the question before [an appellate] court is whether the complaint sets forth a legally sufficient claim for relief.” Hebert v. City of Fifty Lakes, 744 N.W.2d 226, 229 (Minn.2008). “The standard of review is therefore de novo. The reviewing court must consider only the facts alleged in the complaint, accepting those facts as true, and must construe all reasonable inferences in favor of the nonmoving party.” Bodah v. Lakeville Motor Express, Inc., 663 N.W.2d 550, 553 (Minn.2003) (citation omitted).3

II. Scope of private cause of action under 49 U.S.C. § 14704(a)(2)

The parties dispute whether 49 U.S.C. § 14704(a)(2) provides a private cause of action for personal injury or death.

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Bluebook (online)
791 N.W.2d 540, 2010 Minn. App. LEXIS 163, 2010 WL 4721573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tierney-v-arrowhead-concrete-works-inc-minnctapp-2010.