Shelby Peterson v. Lexington Intermodal, LLC

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.