Verdict

$23.7M

Year

2014

Court

Illinois Appellate Court, Third District

What happened

• The broker imposed tight delivery requirements and assessed financial penalties for missed appointments.
• The driver, under pressure to meet the broker-imposed schedule, drove fatigued and caused a multi-fatality crash.
• Plaintiffs argued the broker's level of control made the carrier its agent for purposes of the load.

The holding

The court allowed agency and negligent-selection theories to go to the jury. The verdict survived appeal — the broker's operational control over the load was enough to support direct liability for the resulting crash.

What brokers should take from it

• Granular control over a carrier's schedule can convert a broker-carrier relationship into an agency relationship in the eyes of a jury.
• Selection diligence still matters even when control is the headline theory — plaintiffs plead both.
• Documenting that you selected a fit carrier limits exposure even when other theories are in play.

What BrokerShield would have produced

• Forced an explicit selection record before dispatch — what was checked, who approved, and what evidence backed it.
• Captured carrier attestations on driver hours, equipment status, and insurance directly from the carrier, not the broker.
• Produced a Proof of Diligence PDF showing the selection was based on FMCSA data and carrier evidence — not on schedule pressure.

Summary based on publicly reported case materials. Not legal advice — talk to your counsel.