Nigel Greene (Of Counsel-Philadelphia) prevailed on a motion to dismiss in the United States District Court – Eastern District of Pennsylvania on behalf of Wilson Elser's client, a commercial trucking company. The plaintiff alleged that while driving eastbound in the right lane of Interstate 80, her car was pushed into the shoulder lane by another vehicle, where she collided with our client's tractor-trailer and suffered severe and permanent injuries. The plaintiff alleged that our client's driver had pulled the company truck onto the shoulder to investigate and determine the cause of a noise coming from the vehicle but failed to activate her hazard lights, put out flares or warning triangles. The plaintiff brought a suit for negligence and negligent entrustment. After removing the case to Federal Court, Nigel filed a motion to dismiss the complaint, pursuant to Rule 12(b)(6), for failure to state a claim. Based on the case law cited in the defense memorandum of law, the court granted the motion and dismissed the case with prejudice. The court concurred with Nigel's arguments, concluding that the complaint did not plausibly allege that our client breached a legal duty, nor did the complaint plausibly allege that our client's driver's conduct was the proximate cause of the plaintiff's injuries.