Texas Supreme Court Rules in Favor of Passive Shippers in In re Home Depot

In In re Home Depot U.S.A., Inc, the Supreme Court of Texas held that a “passive shipper” (a customer that simply engages a federally regulated motor carrier to transport ordinary goods) does not owe a legal duty of care to the motoring public under the facts alleged. The Court ruled that the plaintiffs’ negligence claims against Home Depot (the shipper) lacked a basis in law because Texas law imposes no duty on a shipper who neither controls the carrier’s operations nor creates any risk by…
By: Cozen O’Connor