Montgomery v. Caribe Transport II, LLC · ¶21

Applying that interpretation here is straightforward. Montgomery alleges that C.H. Robinson failed to exercise reasonable care when it hired Caribe Transport, which had a subpar safety rating from federal regulators, to transport goods via truck. Based on that safety rating, Montgomery claims that C.H. Robinson knew (or should have known) that choosing Caribe Transport to move goods was reasonably likely to cause an accident. Requiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So Montgomery's negligent-hiring claim falls within the FAAAA's safety exception, which saves it from preemption.

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