N.M. Supreme Court Denies Review of Order Rejecting FAAAA-Preemption; Death and Injury Claims Proceed Against Freight Broker

Congratulations to Santa Fe partners Roz Bienvenu and Justin Kaufman, along with Louie Cook of the Carlson Law Firm, who successfully convinced the New Mexico Supreme Court to deny review of a lower-court order allowing wrongful death and personal injury claims to proceed against a freight broker, Total Quality Logistics, LLC (TQL).  

The case arises from a June 2023 crash involving a tractor-trailer that killed one person and seriously injured another. TQL sought dismissal from the lawsuit, arguing that the Federal Aviation Administration Authorization Act (FAAAA) immunizes freight brokers from common law tort claims when their misconduct causes injury or death.  

After the district court denied TQL's motion to dismiss, the New Mexico Court of Appeals denied TQL's application for interlocutory appeal. The New Mexico Supreme Court then denied TQL's petition for writ of certiorari. This July 8 order is significant because FAAAA preemption is a rapidly evolving area of law nationwide—one where Durham, Pittard & Spalding has substantial experience. 

The case is Kristina Martinez, as Personal Representative of the Wrongful Death Estate of Tatiana Green Gonzalez, Rolan Napoles, and Kimberly Aguilar and Robert Aguilar, on Behalf of As.G.G., H.G.G., H.E.G.G., and Al.G.G., Minors v. Mountain State Constructors, Inc., J.B. Hunt Transport, Inc., L&X Transportation, Inc., Longwei Sun, Total Quality Logistics, Inc., and Seahawk Transit, Inc., No. S-1-SC-40907, in the New Mexico Supreme Court.