On July 11, 2017, while traveling Westbound I-70, just west of Kansas City, Kansas, five motor vehicle occupants, traveling in three separate vehicles, died when the driver of a 2015 Freightliner Cascadia allegedly failed to timely apply his brakes so as to avoid a collision with the decelerating traffic. Rather than bringing suit against the driver of the Freightliner and his motor carrier employer, the heirs of the decedents undertook the novel charge of holding the manufacturer of the Freightliner liable.

Long-standing case law in Nevada held that a common carrier owes a heightened duty of care to its passengers, at least for transportation-related risks. See Sherman v. S. Pac. Co., 33 Nev. 385, 405, 111 P. 416, 424 (1910) ("The rule . . . requires that a common carrier of passengers shall exercise more than ordinary care. It requires the exercise of extraordinary care, the exercise of the utmost skill, diligence, and human foresight.")

The overwhelming authority nationwide suggests that commercial motor vehicle drivers are held to the same standard of care as all other drivers – ordinary negligence. However, that has not stopped plaintiffs' attorneys from aggressively asserting that “professional drivers” should be held to a higher standard of care. 

(Asserting Failure to Cooperate as a Defense in Colorado Litigation)

(Whether Courts Should Assess Objective Reasonableness of Insurer’s Decision to Withhold Consent to Settle From Perspective of Insurer or Insured) 

(Insurer’s Seven-Month Delay in Providing Insured With Copy of Policy Incorporating Rejection of UM/UIM Coverage Does Not Provide Insured With Fair Opportunity to Reconsider Rejection)

The U.S. Navy has requested nearly $580 million for fiscal year 2021 for the research and development of multiple types of autonomous vessels, which are described simply as unmanned vessels (UVS).

Between March 23 and 29, 2021, the Suez Canal was blocked when Ever Given – a 1312-foot-long cargo ship – ran aground in high winds and a sandstorm, wedging itself across the canal. It took six days to free Ever Given, while hundreds of other ships carrying billions of dollars of cargo were prevented from timely navigating the canal.