Attorneys Malone and Novotny were pleased to obtain an Order affirming the district court’s grant of summary judgment on a case alleging our motor carrier client was vicarious liability for its driver’s assault of another commercial driver while refueling.  The district court judge found that a vocational consultant was not qualified to provide an opinion that assaults are a well-known hazard in the trucking industry and, therefore, the plaintiff failed to establish a genuine issue of material fact as to foreseeability.  The court of appeals affirmed, finding the district court did not abuse its discretion in excluding the expert’s affidavit or, in turn, in granting summary judgment to the motor carrier.