DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131981P.pdf 07/24/2014 Kena Harris v. FedEx National LTL, Inc.
U.S. Court of Appeals Case No: 13-1981
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Loken, author, with Bye and Benton, Circuit Judges]
Civil case - Personal injury. Under Nebraska law the driver of the truck
involved in the accident and his employer were independent contractors of
FedEx and not its employees; FedEx was not acting as a motor carrier and
it had no duty - nondelegable or otherwise - to require the driver to
observe Federal Motor Carrier Safety Regulations duties by reason of 49
C.F.R. Sec. 390.11; negligent entrustment theory of liability was properly
rejected; district court did not abuse its discretion in denying
plaintiffs' untimely motion for leave to amend their complaint.