Arizona Supreme Court lets drivers’ case against Swift go to trial

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Updated Sep 9, 2011

An Arizona Supreme Court ruling has concluded that truckers working for Swift Corp. who claim the company shorts drivers for mileage may take their case to trial. The truckers, represented by Hagens Berman Sobol Shapiro, claim that Swift uses an artificial calculation that results in drivers being paid for fewer miles than they actually drive.

After nearly eight years of legal proceedings, the Arizona Supreme Court has declined to review a trial court’s decision to certify a broad class action based on a 2008 appellate court decision that was vacated, which means the case now will proceed to trial.

“We are pleased that the court agreed with us that Swift drivers deserve to take this case to trial,” says Rob Carey, a partner in the Phoenix office of Hagens Berman.

According to the complaint, originally filed Jan. 30, 2004, in the Superior Court of the State of Arizona for the County of Maricopa, Swift short-changed drivers using a database that, on average, shorts drivers a percentage of their mileage – and hence their pay.

The lawsuit alleges that Swift is guilty of breach of contract and breach of the implied covenant of good faith and fair dealing based on its alleged failure to pay for all miles driven. “At this time we have no comment,” said Trent Broberg, director of marketing for Phoenix-based Swift.