Forbes v. BB&S Acquisition Corp., No. 21-1257 (1st Cir. 2021)
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The First Circuit affirmed the district court's entry of summary judgment in favor of BB&S Acquisition Corp. in this case brought by the personal representative of the estate of George Forbes, who was killed in an accident allegedly caused by Wiley Hooks, holding that the district court did not err.
Before the accident, Hooks, the employee of Gregory Trucking, had delivered lumber to BB&S, which contracted with Gregory Trucking to transport a separate load of its treated lumber. After Hooks completed Gregory Trucking's contractual obligation to BB&S, Gregory Trucking hit a pick-up truck driven by George Forbes. Plaintiff brought this suit alleging that BB&S had negligently selected Gregory Trucking as an independent contractor to transport its lumber and that BB&S was the "statutory employer" of Hooks under 49 C.F.R. 390.5. The district court granted summary judgment for BB&S. The First Circuit affirmed, holding that the district court did not err in (1) concluding that BB&S could not be liable under Massachusetts common law for the actions of an independent contractor that occurred after the completion of the job; and (2) concluding that BB&S was not the "statutory employer" of Hooks.
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