Hu

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. The accident During a rainy night on March 21, 2020, Yongquan Hu (plaintiff) was sleeping in the bunk compartment of a truck while his co-worker was driving the truck on a highway outside of Oklahoma City. Plaintiff and the driver were en route from Sabert Corporation’s (Sabert) warehouse in Sayreville, New Jersey to its warehouse in Riverside, California; they were transporting a load of plasticware. At around 10:30 p.m., the driver lost control of the truck, causing it to strike the right side of the highway’s barrier wall, lose the trailer, cut across the road, and collide with the inside barrier wall. Plaintiff suffered catastrophic injuries, paralyzing him. B. How the transport was arranged 1. Sabert tenders the shipment Sabert had tendered a quote for transport of its shipment of plasticware in mid-March 2020. 2. Sabert relied on XPO to broker transport of the goods The tender was accepted by XPO Logistics, LLC (XPO). XPO is a federally licensed property broker. Thus, at the time of the accident, XPO was authorized to act as a broker between a shipper and a carrier to arrange for the transportation of goods. XPO…