Montgomery Case Heads to Illinois Court: Broker Liability Era Begins

The Montgomery v. Caribe Transport II litigation is being remanded to the Southern District of Illinois following a joint motion by both plaintiff and defendant counsel. This case represents the operational aftermath of the Supreme Court's May 2024 decision eliminating the Federal Aviation Administration Authorization Act (F4A) preemption that previously shielded freight brokers from liability for carrier negligence. The case stems from a 2017 incident where truck driver Shawn Montgomery lost his leg after being struck by a Caribe Transport II vehicle that was booked through C.H. Robinson.

The remand signals that brokers including C.H. Robinson now face direct exposure to negligent-hiring claims. The case is expected to proceed on the merits in district court, where summary judgment previously favored C.H. Robinson based on F4A preemption. With Caribe Transport II carrying a conditional FMCSA safety rating at the time of the incident, settlement likelihood is elevated, similar to the Miller v.

C.H. Robinson case, which settled months after the Supreme Court declined to hear it in 2022. For supply chain professionals and brokers, this remand represents a structural shift in operational and compliance risk. Brokers must now implement more rigorous carrier vetting, monitoring, and insurance protocols. The precedent-setting nature of this case, combined with the appellate court's procedural role and the emerging framework of broker accountability, positions this litigation as a bellwether for an entire category of claims previously considered precluded.