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By Sandra Cannon | December 18, 2020

Lewis Thomason prevails on motion to dismiss direct negligence claims against a trucking company.

On December 16, 2020, Chief Judge of the Middle District of Tennessee, Waverly Crenshaw, adopted the preemption rule, a doctrine generally providing that a plaintiff may not proceed against an employer on direct negligence claims once the employer admits vicarious liability. 

This means that if the employer admits the driver was in the course and scope of employment, the plaintiff cannot also pursue the employer directly for claims of negligent hiring, training, retaining or supervising. 
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