A federal judge has granted an autism charity and an injured volunteer the chance to refine their case against a shipper, a freight broker and a container company over alleged injuries—including broken bones and two strokes—as well as damage that occurred because of a poorly packaged shipment of Legos.

U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania granted Donald J. Krauss and Fight Back for Autism's motion to file a second amended complaint against the defendant shipper, KV Load, which requested that the motion to file a second amended complaint be struck. Also sued were IRIS, a Wisconsin maker of plastic storage products, and C.H. Robinson Worldwide, a Delaware-based freight broker hired by IRIS to coordinate a shipment of Legos to Fight Back.

Krauss and Fight Back claimed that the defendants “failed to load the Legos in the safe manner that the charity had requested. Instead, they used old pallets of the wrong size and dangerously stacked the pallets on top of each other. The shoddy loading damaged the Legos in transit and caused a pallet to crack during unloading, injuring a volunteer for the charity,” according to Pratter's opinion.

As Krauss unloaded the shipment, a double-stacked pallet containing thousands of pounds of Legos “perched precariously on the edge of the trailer” collapsed and fell on him, Pratter said. According to the complaint, Krauss broke bones, lost a tooth, dislocated a knee cap, and suffered two strokes as a result of being crushed. Additionally, the charity lost money from damage done to the Legos.

The plaintiffs sued KV Load, IRIS and C.H. Robinson for negligence and breach of contract.

Pratter said Krauss' second amended complaint moots KV Load's request to strike. But the judge did address KV Load's argument that Krauss' state law personal injury claims were pre-empted by the Carmack Amendment.

The amendment lays out federal law regulating motor carriers and provides that ”liability imposed … is for the actual loss or injury to the property” caused by carriers. For the sake of uniformity, it pre-empts state laws governing motor carriers.

KV Load argued that the amendment was not limited to claims for property damage but extended also to personal injury claims.

Pratter said circuit courts around the country are split as to whether to follow the “conduct theory”—which states that claims can only escape pre-emption if they are related to conduct separate from the delivery, loss of or damage to goods—or the “harm theory,” which states that personal injury claims are pre-empted if they are related to harms that are distinct from the loss of, or the damage to, goods.

Pratter elected to adopt the conduct theory, noting consistent rulings by other districts within the Third Circuit that have done the same, and agreed with KV Load that, in this case, the state law claims were pre-empted.

“In this case, KV Load's conduct was allegedly substandard: The cargo was loaded improperly, damaged in transit, and damaged during the unloading process. KV Load's conduct that damaged the cargo completely becomes the conduct that injured Mr. Krauss. The state law claims against KV Load are therefore dismissed as pre-empted,” Pratter said.

Wayne attorney David G. Concannon, who represents the plaintiffs, and KV Load's lawyer, Marc I. Kunkin of Hill Rivkins in New York, did not respond to requests for comment.

A federal judge has granted an autism charity and an injured volunteer the chance to refine their case against a shipper, a freight broker and a container company over alleged injuries—including broken bones and two strokes—as well as damage that occurred because of a poorly packaged shipment of Legos.

U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania granted Donald J. Krauss and Fight Back for Autism's motion to file a second amended complaint against the defendant shipper, KV Load, which requested that the motion to file a second amended complaint be struck. Also sued were IRIS, a Wisconsin maker of plastic storage products, and C.H. Robinson Worldwide, a Delaware-based freight broker hired by IRIS to coordinate a shipment of Legos to Fight Back.

Krauss and Fight Back claimed that the defendants “failed to load the Legos in the safe manner that the charity had requested. Instead, they used old pallets of the wrong size and dangerously stacked the pallets on top of each other. The shoddy loading damaged the Legos in transit and caused a pallet to crack during unloading, injuring a volunteer for the charity,” according to Pratter's opinion.

As Krauss unloaded the shipment, a double-stacked pallet containing thousands of pounds of Legos “perched precariously on the edge of the trailer” collapsed and fell on him, Pratter said. According to the complaint, Krauss broke bones, lost a tooth, dislocated a knee cap, and suffered two strokes as a result of being crushed. Additionally, the charity lost money from damage done to the Legos.

The plaintiffs sued KV Load, IRIS and C.H. Robinson for negligence and breach of contract.

Pratter said Krauss' second amended complaint moots KV Load's request to strike. But the judge did address KV Load's argument that Krauss' state law personal injury claims were pre-empted by the Carmack Amendment.

The amendment lays out federal law regulating motor carriers and provides that ”liability imposed … is for the actual loss or injury to the property” caused by carriers. For the sake of uniformity, it pre-empts state laws governing motor carriers.

KV Load argued that the amendment was not limited to claims for property damage but extended also to personal injury claims.

Pratter said circuit courts around the country are split as to whether to follow the “conduct theory”—which states that claims can only escape pre-emption if they are related to conduct separate from the delivery, loss of or damage to goods—or the “harm theory,” which states that personal injury claims are pre-empted if they are related to harms that are distinct from the loss of, or the damage to, goods.

Pratter elected to adopt the conduct theory, noting consistent rulings by other districts within the Third Circuit that have done the same, and agreed with KV Load that, in this case, the state law claims were pre-empted.

“In this case, KV Load's conduct was allegedly substandard: The cargo was loaded improperly, damaged in transit, and damaged during the unloading process. KV Load's conduct that damaged the cargo completely becomes the conduct that injured Mr. Krauss. The state law claims against KV Load are therefore dismissed as pre-empted,” Pratter said.

Wayne attorney David G. Concannon, who represents the plaintiffs, and KV Load's lawyer, Marc I. Kunkin of Hill Rivkins in New York, did not respond to requests for comment.