Mark Solomon joined DC VELOCITY as senior editor in August 2008, and was promoted to his current position on January 1, 2015. He has spent more than 30 years in the transportation, logistics and supply chain management fields as a journalist and public relations professional. From 1989 to 1994, he worked in Washington as a reporter for the Journal of Commerce, covering the aviation and trucking industries, the Department of Transportation, Congress and the U.S. Supreme Court. Prior to that, he worked for Traffic World for seven years in a similar role. From 1994 to 2008, Mr. Solomon ran Media-Based Solutions, a public relations firm based in Atlanta. He graduated in 1978 with a B.A. in journalism from The American University in Washington, D.C.
The incident was horrific. The fault, in the eyes of the jury, was not in doubt. The monetary award was staggering. If upheld, the trucking industry could find itself confronting a new economic standard for juries meting out punishment in verdicts where a carrier is found at fault for a catastrophic accident.
On Feb. 6, a state appeals court in New Mexico upheld a January 2015 jury verdict that awarded $165 million to a New Mexico family, two of whom were killed in June 2011 when a tractor-trailer operated by FedEx Ground, the ground-delivery unit of Memphis-based FedEx Corp., slammed into a small pickup truck that was stopped or moving at a very slow speed along Interstate 10. The pickup's driver, Marialy Morga, died in the accident, as did her 4-year-old daughter Ylairam. Morga's 19-month-old son, Yahir, was seriously injured. The tractor-trailer driver, Elizabeth Quintana, also died. Quintana, who drove for the firm that FedEx contracted for delivery services, was driving at 65 mph when the vehicles collided, according to court documents.
Virtually all of the $165 million award, considered by several legal experts as an astounding figure in a case of this nature, compensates the Morgas for "non-economic" damages such as pain and suffering, physical impairment, and "loss of consortium." The latter is roughly defined in tort law as depriving the survivors the means of carrying on a future relationship.
Unlike "economic" damages, which cover such costs as medical claims and lost wages, and which can be calculated using established formulas, the amount of compensatory damages is, with a couple of exceptions, limited only by a jury's discretion. For example, the size of the award cannot, in legal parlance, "shock the conscience." Nor can a jury be influenced by passion, prejudice, the financial status of either party, or other elements that might conflict with a vetting of the evidence at hand. The jury did not award punitive damages in the case.
The appellate court ruling upholds a 2015 district court decision affirming the verdict and denying FedEx Ground's request either for a new trial or a reduction in the size of the award. The lower court rejected the company's argument that the amount was excessive and its size unsupported by the evidence, and that the jury was unjustly swayed by "improper factors" unrelated to the facts at hand.
The three-judge appellate panel ruled that the family's attorneys "presented sufficient evidence to support the jury's right to perform its unique function—award all compensatory damages, including any non-economic damages for pain and suffering and loss of life" incurred by the family.
In its appeal, the company was requesting that the appellate court "establish a threshold or an absolute financial limit on the value of life, despite the district court's and the jury's efforts to fulfill their assigned duty to quantify something that is legally unique, intangible and difficult to measure," the judges wrote. "We refuse to implement such a legal threshold or limit."
In a brief statement, FedEx Ground said that it is weighing its options, and that it disagreed with the appeals court ruling. Should the company pursue the case through the legal system, the next step would be an appeal before the New Mexico Supreme Court. The lead attorney for the plaintiffs, James Scherr, partner in the El Paso-based firm ScherrLegate, did not respond to an e-mail request for comment.
The award's amount stunned several legal observers. Robert Moseley, who oversees the transport practice at the law firm Smith Moore Leatherwood LLC, said he's unaware of any case of an appellate court upholding an award this vast. Moseley called the amount an "outlier" and the case a "poster child" for why states need to impose monetary caps on jury awards. Moseley said the amount clearly meets the "shock the conscience" criterion that courts warn jurors to be mindful of when they weigh the degree of monetary damages.
Brené W. Primus, a long-time transport attorney who runs his own practice, said in an e-mail that the award "does indeed raise the stakes for liability for accidents on the highway," and that it "underscores the need for shippers, brokers, and any other entity hiring motor carriers to use the utmost diligence in selecting, using, and monitoring the carriers they hire."
Primus added, however, that the panel may have believed the award was excessive, but that under the state's statutes was bound to uphold the verdict. The language used in the ruling leaves the "door wide open" for the state Supreme Court to reduce the award's amount, he wrote.
Perhaps in an effort to allay shipper and broker fears that the case could become a litmus test for other truck liability issues, Primus said the ruling did not herald any new or novel liability theories. It also does not involve "vicarious liability," where a party is held liable in the event of an accident even though it wasn't directly involved in the crash, he said.
Cases involving vicarious liability have been hot-button issues for shippers and freight brokers because they center on whether those parties should be held liable due to their alleged inability to vet the driver they chose.
Editor's note: The original story incorrectly referred to the venue as federal appeals court. DC Velocity regrets the error.
A move by federal regulators to reinforce requirements for broker transparency in freight transactions is stirring debate among transportation groups, after the Federal Motor Carrier Safety Administration (FMCSA) published a “notice of proposed rulemaking” this week.
According to FMCSA, its draft rule would strive to make broker transparency more common, requiring greater sharing of the material information necessary for transportation industry parties to make informed business decisions and to support the efficient resolution of disputes.
The proposed rule titled “Transparency in Property Broker Transactions” would address what FMCSA calls the lack of access to information among shippers and motor carriers that can impact the fairness and efficiency of the transportation system, and would reframe broker transparency as a regulatory duty imposed on brokers, with the goal of deterring non-compliance. Specifically, the move would require brokers to keep electronic records, and require brokers to provide transaction records to motor carriers and shippers upon request and within 48 hours of that request.
Under federal regulatory processes, public comments on the move are due by January 21, 2025. However, transportation groups are not waiting on the sidelines to voice their opinions.
According to the Transportation Intermediaries Association (TIA), an industry group representing the third-party logistics (3PL) industry, the potential rule is “misguided overreach” that fails to address the more pressing issue of freight fraud. In TIA’s view, broker transparency regulation is “obsolete and un-American,” and has no place in today’s “highly transparent” marketplace. “This proposal represents a misguided focus on outdated and unnecessary regulations rather than tackling issues that genuinely threaten the safety and efficiency of our nation’s supply chains,” TIA said.
But trucker trade group the Owner-Operator Independent Drivers Association (OOIDA) welcomed the proposed rule, which it said would ensure that brokers finally play by the rules. “We appreciate that FMCSA incorporated input from our petition, including a requirement to make records available electronically and emphasizing that brokers have a duty to comply with regulations. As FMCSA noted, broker transparency is necessary for a fair, efficient transportation system, and is especially important to help carriers defend themselves against alleged claims on a shipment,” OOIDA President Todd Spencer said in a statement.
Additional pushback came from the Small Business in Transportation Coalition (SBTC), a network of transportation professionals in small business, which said the potential rule didn’t go far enough. “This is too little too late and is disappointing. It preserves the status quo, which caters to Big Broker & TIA. There is no question now that FMCSA has been captured by Big Broker. Truckers and carriers must now come out in droves and file comments in full force against this starting tomorrow,” SBTC executive director James Lamb said in a LinkedIn post.
The “series B” funding round was financed by an unnamed “strategic customer” as well as Teradyne Robotics Ventures, Toyota Ventures, Ranpak, Third Kind Venture Capital, One Madison Group, Hyperplane, Catapult Ventures, and others.
The fresh backing comes as Massachusetts-based Pickle reported a spate of third quarter orders, saying that six customers placed orders for over 30 production robots to deploy in the first half of 2025. The new orders include pilot conversions, existing customer expansions, and new customer adoption.
“Pickle is hitting its strides delivering innovation, development, commercial traction, and customer satisfaction. The company is building groundbreaking technology while executing on essential recurring parts of a successful business like field service and manufacturing management,” Omar Asali, Pickle board member and CEO of investor Ranpak, said in a release.
According to Pickle, its truck-unloading robot applies “Physical AI” technology to one of the most labor-intensive, physically demanding, and highest turnover work areas in logistics operations. The platform combines a powerful vision system with generative AI foundation models trained on millions of data points from real logistics and warehouse operations that enable Pickle’s robotic hardware platform to perform physical work at human-scale or better, the company says.
Bloomington, Indiana-based FTR said its Trucking Conditions Index declined in September to -2.47 from -1.39 in August as weakness in the principal freight dynamics – freight rates, utilization, and volume – offset lower fuel costs and slightly less unfavorable financing costs.
Those negative numbers are nothing new—the TCI has been positive only twice – in May and June of this year – since April 2022, but the group’s current forecast still envisions consistently positive readings through at least a two-year forecast horizon.
“Aside from a near-term boost mostly related to falling diesel prices, we have not changed our Trucking Conditions Index forecast significantly in the wake of the election,” Avery Vise, FTR’s vice president of trucking, said in a release. “The outlook continues to be more favorable for carriers than what they have experienced for well over two years. Our analysis indicates gradual but steadily rising capacity utilization leading to stronger freight rates in 2025.”
But FTR said its forecast remains unchanged. “Just like everyone else, we’ll be watching closely to see exactly what trade and other economic policies are implemented and over what time frame. Some freight disruptions are likely due to tariffs and other factors, but it is not yet clear that those actions will do more than shift the timing of activity,” Vise said.
The TCI tracks the changes representing five major conditions in the U.S. truck market: freight volumes, freight rates, fleet capacity, fuel prices, and financing costs. Combined into a single index indicating the industry’s overall health, a positive score represents good, optimistic conditions while a negative score shows the inverse.
Specifically, the new global average robot density has reached a record 162 units per 10,000 employees in 2023, which is more than double the mark of 74 units measured seven years ago.
Broken into geographical regions, the European Union has a robot density of 219 units per 10,000 employees, an increase of 5.2%, with Germany, Sweden, Denmark and Slovenia in the global top ten. Next, North America’s robot density is 197 units per 10,000 employees – up 4.2%. And Asia has a robot density of 182 units per 10,000 persons employed in manufacturing - an increase of 7.6%. The economies of Korea, Singapore, mainland China and Japan are among the top ten most automated countries.
Broken into individual countries, the U.S. ranked in 10th place in 2023, with a robot density of 295 units. Higher up on the list, the top five are:
The Republic of Korea, with 1,012 robot units, showing a 5% increase on average each year since 2018 thanks to its strong electronics and automotive industries.
Singapore had 770 robot units, in part because it is a small country with a very low number of employees in the manufacturing industry, so it can reach a high robot density with a relatively small operational stock.
China took third place in 2023, surpassing Germany and Japan with a mark of 470 robot units as the nation has managed to double its robot density within four years.
Germany ranks fourth with 429 robot units for a 5% CAGR since 2018.
Japan is in fifth place with 419 robot units, showing growth of 7% on average each year from 2018 to 2023.
Progress in generative AI (GenAI) is poised to impact business procurement processes through advancements in three areas—agentic reasoning, multimodality, and AI agents—according to Gartner Inc.
Those functions will redefine how procurement operates and significantly impact the agendas of chief procurement officers (CPOs). And 72% of procurement leaders are already prioritizing the integration of GenAI into their strategies, thus highlighting the recognition of its potential to drive significant improvements in efficiency and effectiveness, Gartner found in a survey conducted in July, 2024, with 258 global respondents.
Gartner defined the new functions as follows:
Agentic reasoning in GenAI allows for advanced decision-making processes that mimic human-like cognition. This capability will enable procurement functions to leverage GenAI to analyze complex scenarios and make informed decisions with greater accuracy and speed.
Multimodality refers to the ability of GenAI to process and integrate multiple forms of data, such as text, images, and audio. This will make GenAI more intuitively consumable to users and enhance procurement's ability to gather and analyze diverse information sources, leading to more comprehensive insights and better-informed strategies.
AI agents are autonomous systems that can perform tasks and make decisions on behalf of human operators. In procurement, these agents will automate procurement tasks and activities, freeing up human resources to focus on strategic initiatives, complex problem-solving and edge cases.
As CPOs look to maximize the value of GenAI in procurement, the study recommended three starting points: double down on data governance, develop and incorporate privacy standards into contracts, and increase procurement thresholds.
“These advancements will usher procurement into an era where the distance between ideas, insights, and actions will shorten rapidly,” Ryan Polk, senior director analyst in Gartner’s Supply Chain practice, said in a release. "Procurement leaders who build their foundation now through a focus on data quality, privacy and risk management have the potential to reap new levels of productivity and strategic value from the technology."