On January 22nd, 2026, Colman Perkins Law Group obtained a complete defense victory on behalf of a client, a retailer, in a wrongful death action arising from a fatal traffic collision in which the Plaintiff sought eight-figure damages. The case resolved shortly after CPLG secured a favorable tentative ruling granting summary judgment.
CPLG Partner James J. Perkins and Of Counsel Kristen B. Brown defended the lawsuit. CPLG Law & Motion Attorney Tammy Louie Thai prepared the motion for summary judgment.
The Plaintiff’s Claims
The Plaintiff sought to impose liability on CPLG’s client for the actions of a third-party delivery driver who caused a fatal accident, asserting claims for wrongful death and negligent hiring, training, supervision, retention, and entrustment.
The Plaintiff alleged that the driver was acting within the course and scope of an employment or agency relationship and that our client was therefore vicariously liable for the driver’s conduct.
Summary Judgment Motion
CPLG moved for summary judgment on the grounds that the claims failed as a matter of law.
The motion established that the driver was the employee or agent of a downstream motor carrier retained as an independent contractor through a logistics broker, a co-defendant. The motion further established that, under the governing logistics agreement, our client retained only a general supervisory right to control the end result: the timely, professional, and satisfactory delivery and installation of our client’s merchandise, not the manner and means of the carrier’s or driver’s work.
In opposition, the Plaintiff argued that the agreement’s guidelines and requirements were so detailed as to establish complete control. However, the Court issued a tentative ruling granting CPLG’s motion in its entirety.
Result
In the wake of the ruling, the Plaintiff accepted an outstanding Code of Civil Procedure section 998 offer to compromise from the co-defendant logistics provider. The acceptance resulted in dismissal of the entire action, with no payment made by our client.
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CPLG Verdicts
About partner James J. Perkins
About of counsel Kristen B. Brown
About attorney Tammy Louie Thai