MADISON (LN) — U.S. District Judge James D. Peterson denied J.B. Hunt’s motion to dismiss the amended complaint filed by Abdikadir Mohamed, a commercial truck driver who alleges the carrier’s actions caused his arrest, a strip search, and vehicle damage.
Mohamed, who contracts with carriers to haul semi-trailers, was driving near Tomah, Wisconsin, in December 2022 when his truck broke down. State troopers stopped him after running the trailer’s license plate and discovering J.B. Hunt had marked it stolen.
After Mohamed denied stealing the trailer, troopers contacted J.B. Hunt, where an employee confirmed the theft report. Mohamed was arrested, booked for receiving stolen property, and subjected to a strip search at the Monroe County jail.
J.B. Hunt called nine hours later to say the trailer was not stolen, and Mohamed was released.
Mohamed alleged that a towing company employee damaged his 2013 Freightliner while moving it to an impound lot, causing $28,000 in repairs. Because he could not afford the fixes, he was forced to forego truck driving jobs and take a lower-paid position doing local deliveries.
J.B. Hunt argued the claim failed because the harm was not foreseeable and public policy barred liability due to the intervening acts of police, jail staff, and the towing company.
Peterson rejected the foreseeability argument, noting that J.B. Hunt’s negligence extended beyond the initial false report to the confirmation provided to police.
"At that point, it was even more foreseeable that the troopers would arrest Mohamed if J.B. Hunt confirmed the false report," Peterson wrote.
On public policy, the judge said the issues were better suited for summary judgment after discovery. He noted that while the towing company’s negligence might break the chain of causation for the vehicle damage, the amended complaint did not provide enough detail to rule on that question yet.
"The court will deny the motion to dismiss. J.B. Hunt may renew its public policy arguments on summary judgment with the benefit of discovery," Peterson ordered.
Mohamed is represented by attorneys of Cohen & Gresser. J.B. Hunt is represented by attorneys of Michael Best & Friedrich.