Winford Dallas JONES, Plaintiff,
Loretta M. D’SOUZA, Personal Representative of the Estate of Kristina Mae Arciszewski, deceased, et
Sept. 11, 2007.
GLEN E. CONRAD, United States District Judge.
This personal injury action arose from a serious accident involving two tractor-trailers that occurred on
the night of September 12, 2004, in Wythe County. One tractor-trailer was driven by the plaintiff,
Winford Dallas Jones, and the other was driven by Kristina Mae Arciszewski, who died in the accident.
The plaintiff alleges that the court has diversity jurisdiction over this action, pursuant to 28 U.S.C. §
1332. In his complaint, he asserts state common law claims for negligence, negligent hiring and
supervision, and negligent entrustment, and federal claims under the MotorCarrier Act and the Federal
MotorCarrier Safety Regulations. The case is presently before the court on the motion to dismiss filed
by defendants C.H. Robinson Worldwide, Inc., C.H. Robinson Company, C.H. Robinson Company Inc.,
C.H. Robinson Company LP, C.H. Robinson International, Inc., C.H. Robinson Operating Company LP, and C.H. Robinson Transportation Company Inc. (collectively referred to as “ Robinson” ). For the following reasons, Robinson’s motion will be granted in part and denied in part.