Retail Direct, LLC v. Payano Express, LLC
Syllabus
An employee suffered severe injuries while working for a subcontractor and sought workers' compensation benefits from the logistics company that had retained the subcontractor. In response, the logistics company filed a declaratory judgment action asserting that it was exempt from liability as a \common carrier.\ The trial court granted summary judgment in favor of the logistics company, concluding that the company's federal operating authority established its common carrier status as a matter of law. The injured employee appeals, arguing that a genuine dispute of material fact exists regarding the logistics company's status because it exclusively served a single customer rather than the general public. We reverse the judgment of the trial court and remand for further proceedings.
Judges: Judge Jeffrey Usman
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