Shelby Peterson v. Lexington Intermodal, LLC - Case Transfer
Summary
The Georgia Court of Appeals has transferred two related cases, Shelby Peterson v. Lexington Intermodal, LLC and Gardner Blackburn v. Lexington Intermodal, LLC, to the Supreme Court. The cases involve appeals from trial court orders granting summary judgment, concerning whether Federal Motor Carrier Safety Regulations preempt Georgia law on respondeat superior liability.
What changed
The Georgia Court of Appeals has transferred two appeals, Peterson v. Lexington Intermodal, LLC and Blackburn v. Lexington Intermodal, LLC, to the Supreme Court. These cases stem from trial court decisions granting summary judgment to the defendant, Lexington Intermodal, LLC. The core issue on appeal is whether certain provisions of the Federal Motor Carrier Safety Regulations preempt Georgia law concerning respondeat superior liability.
This transfer indicates that the Supreme Court will ultimately determine appellate jurisdiction and the resolution of the preemption question. While the immediate action is a procedural transfer, the underlying legal question regarding the interplay between federal trucking regulations and state tort law has significant implications for transportation companies operating in Georgia. Compliance officers should note that the Supreme Court's decision could clarify or alter liability standards for motor carriers in the state.
What to do next
- Monitor Supreme Court proceedings for Peterson v. Lexington Intermodal, LLC and Blackburn v. Lexington Intermodal, LLC.
- Review internal policies regarding respondeat superior liability in light of potential federal preemption arguments.
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March 24, 2026 Get Citation Alerts Download PDF Add Note
Shelby Peterson v. Lexington Intermodal, LLC
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A0172
Disposition: Transferred To Supreme Court
Disposition
Transferred To Supreme Court
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 24, 2026
The Court of Appeals hereby passes the following order:
A26A0172. PETERSON v. LEXINGTON INTERMODAL, LLC.
A26A0200. BLACKBURN v. LEXINGTON INTERMODAL, LLC.
Shelby Peterson and Gardner Blackburn, plaintiffs in the cases below, appeal
from the trial court’s orders granting summary judgment to the defendant. In the
orders on appeal, the trial court considered the parties’ arguments concerning
whether certain provisions of the Federal Motor Carrier Safety Regulations override
Georgia law regarding respondeat superior liability, ultimately agreeing with the
defendant that the federal regulations do not preempt Georgia law.
The Supreme Court has determined that at least some preemption cases invoke
its constitutional question jurisdiction, including “where a party asserts an affirmative
claim of preemption.” Fox v. Norfolk S. Corp., 342 Ga. App. 38, 43 (1) (802 SE2d 319)
(2017) (discussing, e.g., Ward v. McFall, 277 Ga. 649, 651 (1) (593 SE2d 340) (2004)).
It appears that these cases may fall within the Supreme Court’s jurisdiction. Further,
the Supreme Court has the ultimate responsibility for determining appellate
jurisdiction. See Saxton v. Coastal Dialysis & Med. Clinic, Inc., 267 Ga. 177, 178 (476
SE2d 587) (1996). Accordingly, these appeals are hereby TRANSFERRED to the
Supreme Court for disposition.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/24/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.
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