Robert Allen v. Foxway Transportation Inc

── Robert Allen v. Foxway Transportation Inc ── Court: Court of Appeals for the Third Circuit Date: May 26, 2026 Category: General NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 24-1340 _____________ ROBERT C. ALLEN as Co-Administrator of the ESTATES OF T.G.A. and Z.D.A., Appellant, v. FOXWAY TRANSPORTATION, INC., TEMPEL STEEL, GATEWAY FREIGHT SYSTEMS INC., and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY GATEWAY FREIGHT SYSTEMS INC. v. DARELENE L. ALLEN ______________ On Appeal from United States District Court for the Middle District of Pennsylvania (D. C. No. 4:21-cv-00156) District Judge: Honorable Matthew W. Brann ______________ Submitted Under Third Circuit L.A.R. 34.1(a) September 19, 2025 Before: RESTREPO, McKEE, and SMITH, Circuit Judges (Opinion filed: May 26, 2026)  ____________________ OPINION* ____________________ McKEE, Circuit Judge. Robert C. Allen appeals the District Court’s grant of Gateway Freight Systems, Inc.’s motion for summary judgment on Allen’s claims of vicarious liability, negligent selection, and negligent entrustment.1 Allen also challenges the District Court’s exclusion of substantial parts of his expert’s testimony.2 This appeal arises from the tragic loss of Allen’s two children, T.G.A. and Z.D.A., who were killed when a tractor-trailer collided with their mother’s disabled vehicle. We are deeply sympathetic to the loss of two young lives, and we have no reason to doubt that the District Judge shared our concern, despite several inappropriate attempted witticisms, which we discuss in the margin.3 Nevertheless, for the reasons that follow, we * This disposition is not an opinion of the full Court and under I.O.P. 5.7 does not constitute binding precedent. 1 The District Court’s December 7, 2023 Order, inter alia, granted Gateway’s motion for summary judgment as to vicarious liability, negligent selection, and joint venture. Allen v. Foxway Transp., Inc. (Allen I), 705 F. Supp. 3d 297, 302, 310, 313, 315 (M.D. Pa. 2023). 2 The District Court’s February 1, 2024 Order, inter alia, granted in part Gateway’s motion to exclude Allen’s expert and granted its motion for summary judgment on the issue of negligent entrustment. Allen v. Foxway Transp., Inc. (Allen II), No. 4:21-CV- 00156, 2024 WL 388133, at *7 (M.D. Pa. Feb. 1, 2024). 3 For example, for reasons known only to the District Court, the court thought it appropriate to quip: “Unfortunately, despite its name, Ms. Allen’s [Mitsubishi] Mirage was no optical illusion and [the truck driver] was unable to stop, or adequately slow his vehicle before it violently collided with the Allen’s vehicle, killing the two children[,]” Allen I, 705 F. Supp. 3d at 307, and, “[h]owever, after consulting its crystal ball, the Court foresees the parties filing motions in limine on the eve of trial consistent with the 2 must affirm the District Court’s grant of summary judgment in favor of Gateway and the exclusion of Allen’s expert testimony.4 I. “We review de novo the District Court’s resolution of cross-motions for summary judgment.”5 “Summary judgment is appropriate when, drawing all reasonable inferences in favor of the nonmoving party, ‘the movant shows that there is no genuine dispute as to any material fact,’ and thus the movant ‘is entitled to judgment as a matter of law.’”6