Civil Practice: Carmack Amendment-Personal Injury Claim-Preemption

Where a plaintiff, who was injured when shipped goods fell on him from a trailer that he was driving, sued the seller of the goods and a shipper, the Carmack Amendment does not preempt state-law personal injury claims, even if they arise from the transportation of property, because the plaintiff was not a party to the bill of lading, so judgment is reversed and remanded.

Judgment is reversed.

Fergin v. Westrock Company (MLW No. 74839/Case No. 18-3502 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of Nebraska, Camp, J. (George Hamilton Moyer Jr., Madison, Nebraska, argued for appellant) (Michael L. Moran, Omaha, Nebraska, argued for appellee).