Federal District Court Dismissed Plaintiff’s Claims for Negligent Hiring, Training, Retention, Supervision, and Entrustment | Marshall Dennehey

Often in matters involving simple motor vehicle accidents, plaintiffs attempt to throw in claims relative to negligent hiring, training, retention, supervision, etc. as a means of bolstering the “shock value” of their claim in an attempt to engage in “reptile theory”-style litigation by poking irrelevant holes in the hiring and training process. The court held that, under Twombly, the plaintiff “must allege specific facts tending to show that the applicant/employee demonstrated a propensity for misconduct or ill fitness for the position . . . .” These claims are likely far more vulnerable under the stricter federal court pleading standards than in state court jurisdictions and is a reason why we will almost always pursue removal to federal court, when available, in defense of commercial trucking and transportation clients.