UPS · Partial MTD win for UPS

The District of Kansas granted in part and denied in part UPS's motion to dismiss a negligence lawsuit arising from a fatal 2025 collision involving a UPS driver. The court dismissed the direct negligence claim (Count II) and the statutory negligence per se claim under K.S.A. 66-176 (Count III) for failure to state a claim, but allowed the respondeat superior claim (Count I) and the claim for punitive damages to proceed. The ruling is a partial win for UPS, removing two of three claims and narrowing the case to vicarious liability only, but the punitive damages claim survives.

• Court dismissed Count II (direct negligence in hiring, training, supervising, retaining) for failure to plead breach of duty and causation.
• Court dismissed Count III (negligence per se under K.S.A. 66-176) in its entirety; FMCSRs and Kansas traffic laws cannot support the claim, and plaintiff failed to plead violations of applicable Kansas administrative regulations.
• Count I (respondeat superior) and the claim for punitive damages survive the motion to dismiss.
• No damages amount is stated in the opinion; the case proceeds on vicarious liability only.