Weekley v. Bennett Motor Express, LLC

858 F. Supp. 2d 1257, 82 Fed. R. Serv. 3d 690, 2012 WL 1523923, 2012 U.S. Dist. LEXIS 61117
CourtDistrict Court, N.D. Oklahoma
DecidedMay 2, 2012
DocketCase Nos. 11-CV-228-TCK-PJC, 11-CV-569-TCK-PJC
StatusPublished
Cited by1 cases

This text of 858 F. Supp. 2d 1257 (Weekley v. Bennett Motor Express, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weekley v. Bennett Motor Express, LLC, 858 F. Supp. 2d 1257, 82 Fed. R. Serv. 3d 690, 2012 WL 1523923, 2012 U.S. Dist. LEXIS 61117 (N.D. Okla. 2012).

Opinion

OPINION AND ORDER

TERENCE C. KERN, District Judge.

Before the Court are Defendant Liberty Mutual Insurance Company’s Motions to Dismiss or Alternatively Motion for Summary Judgment (“Liberty’s Motions for Summary Judgment”) (Docs. 18, 21, 22); Defendants Bennett Motor Express, LLC and James Wells’ Motion to Realign Parties (“Defendants’ Motion to Realign”) (Doc. 19); Defendant Taylor Truck Line Inc’s Motion for Leave to Amend its Cross-Claim (“Taylor’s Motion to Amend”) (Doc. 42); and Defendants Liberty Mutual Insurance Company, Bennet Motor Express, LLC, and James Wells’ Motion to Dismiss Claims of Jason, Nathan, and Matthew Weekley (“Defendants’ Motion to Dismiss Claims of Adult Children”) (Doc. 20).

I. Facts Alleged in Complaint

On or about May 27, 2009, Plaintiff Charles Weekley (‘Weekley”), an Ohio resident, was operating a tractor/ trailer for Defendant Taylor Truck Line, Inc. (“Taylor”), a Minnesota corporation. Defendant James Wells (“Wells”), a Maryland resident, was operating a tractor/trailer for Defendant Bennett Motor Express, LLC (“Bennett”), a Georgia corporation. The tractor/trailer operated by Weekley was struck by the tractor/trailer operated by Wells, thereby “tearing off all of its axles and wheels, pinning Weekley in the vehicle and causing the trailer to strike a culvert and concrete barriers.” (Compl. ¶¶ 13-14.) Weekley suffered injuries to his head, brain, shoulder, back, legs, heart, and other parts of his body.

The Complaint contains the following six “counts”: (1) negligence, asserted against Wells and Bennett; (2) “[d]irect action” against Bennett’s insurer, Liberty Mutual Insurance Company (“Liberty”),1 pursuant [1259]*1259to title 47, section 230.30 of the Oklahoma Statutes; (3) damages; (4) punitive damages; (5) loss of consortium, asserted against Wells and Bennett;2 and (6) “[sjubrogation — [njecessary parties,” alleging that Taylor is a “necessary and indispensable party” due to subrogation rights possessed by Taylor arising from its payment of workers’ compensation benefits to Weekley.3

Taylor filed a Cross-Claim against Bennett, Wells, and Liberty, alleging that “[i]n the event that [Taylor] is deemed to be a necessary and indispensable party to the above-captioned matter and Oklahoma is determined to be the proper forum for the determination of [Taylor’s] subrogation claims, [Taylor] hereby pleads the following cross-claims as alternative claims for relief.” (Cross-Claim, Doc. 9.) Taylor alleges that, as a result of Bennett and Wells’ negligence, it has paid and will continue to pay workers’ compensation benefits to Weekley in excess of $75,000. Taylor alleges that “[p]ursuant to Minn.Stat. § 176.061, and by virtue of its payments of workers compensation benefits to Weekley, [Taylor] has a right of subrogation against [Wells, Bennett, and Liberty] for the recovery of all benefits paid and payable.” (Id. at ¶ 17.) Taylor then alleges three “counts”: (1) negligence against Wells and Bennett; (2) respondeat superi- or/agency against Bennett, alleging that Wells was acting within the scope of his employment; and (3) “direct action” against Liberty, pursuant to title 47, section 230.30 of the Oklahoma Statutes.

II. Liberty’s Motions for Summary Judgment

Absent a statutory directive, a plaintiff does not have a right “to bring a direct action against the insurer of an alleged tortfeasor.” Daigle v. Hamilton, 782 P.2d 1379, 1383 (Okla.1989). Plaintiffs and Taylor rely upon title 47, section 230.30 of the Oklahoma Statutes (“ § 230.30”), a provision of the Oklahoma Motor Carrier Act (“OMCA”), as their statutory authority for direct suit against Liberty. Liberty moves to dismiss or, alternatively, for summary judgment on grounds that § 230.30 does not apply to Bennett because Bennett does not have an Oklahoma motor carrier license and therefore did not file a copy of its Liberty policy with the OCC. Because the Court has considered evidence outside the pleadings in deciding Liberty’s motions, the Court treats Liberty’s motions to dismiss as ones for summary judgment.4

[1260]*1260A. Summary Judgment Standard

Summary judgment is proper only if “there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The moving party bears the burden of showing that no genuine issue of material fact exists. See Zamora v. Elite Logistics, Inc., 449 F.3d 1106, 1112 (10th Cir.2006). The Court resolves all factual disputes and draws all reasonable inferences in favor of the non-moving party. Id. However, the party seeking to overcome a motion for summary judgment may not “rest on mere allegations” in its complaint but must “set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). The party seeking to overcome a motion for summary judgment must also make a showing sufficient to establish the existence of those elements essential to that party’s case. See Celotex Corp. v. Catrett, 477 U.S. 317, 323-33, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

B. § 230.30(A) of OMCA5

The statute relied upon by Plaintiffs and Taylor as providing a direct cause of action against Liberty provides:

A. No license shall be issued by the Commission to any carrier until after the carrier shall have filed with the Commission a liability insurance policy or bond covering public liability and property damage, issued by some insurance or bonding company or insurance carrier authorized pursuant to this section and which has complied with all of the requirements of the Commission, which bond or policy shall be approved by the Commission, and shall be in a sum and amount as fixed by a proper order of the Commission; and the liability and property damage insurance policy or bond shall bind the obligor thereunder to make compensation for injuries to, or death of, persons, and loss or damage to property, resulting from the operation of any carrier for which the carrier is legally liable. A copy of the policy or bond shall be filed with the Commission, and, after judgment against the carrier for any damage, the injured party may maintain an action upon the policy or bond to recover the same, and shall be a proper party to maintain such action.

Okla. Stat. tit. 47, § 230.30(A) (emphasis added). Generally, “to state a claim against an insurer under § 230.30, a plaintiff need only allege that: (1) he suffered injury; (2) the injury occurred by operation of a motor carrier; and (3) the motor carrier was required to be and was in fact insured pursuant to § 230.30.” Mize v. Liberty Mutual Ins. Co., 393 F.Supp.2d 1223, 1226 (W.D.Okla.2005).

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Bluebook (online)
858 F. Supp. 2d 1257, 82 Fed. R. Serv. 3d 690, 2012 WL 1523923, 2012 U.S. Dist. LEXIS 61117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weekley-v-bennett-motor-express-llc-oknd-2012.