Dack Downing v. Shannon Thompson and Western Flyer Express, LLC

Summary

The United States District Court for the District of Kansas considers Western Flyer Express, LLC’s motions to dismiss claims arising from a vehicle collision. The court denies as moot the earlier motion directed at the superseded complaint, denies dismissal of the common-law negligence claim, and dismisses the negligence per se and attorney-fee claim under K.S.A. 66-176.

Holdings

1. Count II plausibly stated a common-law negligence claim under Kansas law. A plaintiff need not plead separate facts establishing independent negligent hiring, training, supervision, or retention causes of action; the plaintiff must plead facts plausibly showing an employer's duty of reasonable care, breach, and causation of damages.
2. Count III failed to state a negligence-per-se claim because it was impermissibly premised on a private cause of action for violations of the Federal Motor Carrier Safety Regulations. Because the claim failed, there was no basis for attorney fees under K.S.A. 66-176.
3. The first motion to dismiss was denied as moot because the Second Amended Complaint superseded the pleading challenged by that motion.

Questions Presented

1. Whether Downing plausibly stated a common-law negligence claim against WFX based on alleged negligent hiring, training, supervision, and retention.
2. Whether Downing could state a negligence-per-se claim and obtain attorney fees under K.S.A. 66-176 based on alleged violations of Kansas law incorporating the Federal Motor Carrier Safety Regulations.
3. Whether WFX's first motion to dismiss remained operative after Downing filed the Second Amended Complaint.

Disposition

other