CJ-2026-00063 - Action Safety Supply Co. LLC v. Sushil Kumar

What's This Case About?

Let’s cut straight to the drama: a truck driver fell asleep at the wheel, veered across the center line, rolled his 18-wheeler onto its side like a beached whale, and allegedly caused $150,000 in damages—all while driving on a suspended license. Oh, and now three different companies are being dragged into court over who gets to pay for it. Welcome to the interstate trucking version of a game of “hot potato,” where the potato is a multi-ton semi and the stakes are half a million dollars in liability.

Our story begins, as so many do, on I-44 near Bristow, Oklahoma—a stretch of highway better known for cornfields and truck stops than courtroom fireworks. But on February 24, 2025, things got spicy. Sushil Kumar, a New York-based trucker, was barreling eastbound in a 2020 Freightliner Cascadia when, according to the Oklahoma Highway Patrol, he nodded off. Not just a little drowsy—full-on asleep. The result? His rig drifted across the median, flipped, and came to rest like a toppled domino in the middle of the interstate. It wasn’t just a fender bender. This was a full-blown commercial disaster involving cargo, insurance policies, and a driver who shouldn’t have been behind the wheel in the first place.

The plaintiff in this mess? Action Safety Supply Co. LLC, an Oklahoma-based company that, given the name, probably sells things like hard hats, reflective vests, and caution tape—the kind of gear you need when you’re trying not to get crushed by runaway semis. They weren’t driving the truck, weren’t on the scene (at least not as victims), but somehow still ended up with $150,000 in damages. How? The filing doesn’t spell it out, but in trucking lawsuits like this, “damages” can mean a lot: maybe their equipment was destroyed, maybe they lost business due to road closures, or maybe they’re a third party whose property or operations were impacted by the crash. Whatever the specifics, they’re not happy, and they’re pointing fingers at everyone involved.

First up: Sushil Kumar. He’s the guy who was actually driving, and the filing paints him as a textbook bad actor. Not only was he cited for inattentive driving, but he was also arrested for driving with a suspended license. That’s not just a traffic ticket—it’s a neon sign flashing “I should not be operating heavy machinery.” The lawsuit claims Kumar was “reckless,” “careless,” and operating in “wanton disregard” for public safety. Legally, that’s more than just negligence—it’s gross negligence, which opens the door for punitive damages. And yes, Action Safety Supply wants those too: $75,000 in actual damages and another $75,000 in punitive damages—because sometimes, you sue not just to get paid, but to send a message.

But here’s where it gets juicy. Action Safety Supply isn’t just suing the driver. They’re also suing DTC Logistics Inc., the company that allegedly owned the truck Kumar was driving, and National Freight Line, the company that owned the cargo. Why? Because in trucking law, you don’t just blame the guy behind the wheel—you look at who gave him the keys.

Enter negligent entrustment. That’s a fancy legal way of saying: “You let this clown drive, and you knew he was a clown.” The lawsuit alleges that both DTC Logistics and National Freight Line had a duty to make sure Kumar was qualified to operate a commercial vehicle. Under Oklahoma law and federal trucking regulations, companies must verify that drivers are licensed, trained, and not, you know, prone to falling asleep mid-drive. If they skipped the background check or ignored red flags—like a suspended license—then they’re on the hook too. And let’s be real: if Kumar’s license was suspended, and he was still out there hauling freight across state lines, someone dropped the ball. Hard.

Then there’s negligent hiring, supervision, training, and retention—a mouthful of a claim that basically says DTC Logistics didn’t just hire Kumar; they kept him on, even though he may have been a liability. Did they fail to check his driving record? Did they ignore prior incidents? The filing doesn’t say, but the implication is clear: this wasn’t a one-off mistake. It was a pattern of incompetence enabled by a company that didn’t care enough to stop it.

And finally, the plot twist: insurance. Both DTC Logistics and National Freight Line allegedly had commercial policies with Knight Specialty Insurance Company, each including an MCS-90 endorsement. If that sounds like gibberish, here’s the translation: it’s a federal requirement for trucking companies that ensures victims can get paid even if the carrier tries to dodge responsibility. The endorsement basically says, “If this company causes a crash, the insurer has to cover it—no excuses.” So even if DTC or National Freight Line goes bankrupt or claims they’re not liable, the insurance kicks in. Action Safety Supply is invoking this clause to make sure someone, somewhere, writes the check.

Now, let’s talk numbers. $150,000 total—$75k in actual damages, $75k in punitive. Is that a lot? For a single fender bender, maybe overkill. But for a major commercial crash that shut down a highway, damaged property, injured people (though not mentioned here), or destroyed equipment? Not outrageous. Especially when you factor in punitive damages, which aren’t about compensation—they’re about punishment. The goal is to make an example out of someone so this doesn’t happen again. And honestly, if a trucking company let a suspended driver operate a semi across state lines, they should feel some financial pain.

So what’s the most absurd part of this whole saga? It’s not that a guy fell asleep driving. Truckers are overworked, underpaid, and often pushed to drive longer hours than is safe. It’s not even that he was driving on a suspended license—sadly, that happens more than you’d think. No, the real jaw-dropper is that no one stopped him. Not his employer. Not the cargo company. Not the system designed to keep unsafe drivers off the road. How does a man with a suspended license get handed the keys to a multi-ton vehicle and sent cross-country? How does he pass a pre-trip inspection? A background check? A phone call to the DMV?

We’re rooting for accountability—not just for Kumar, but for the companies that enabled him. Because this isn’t just about one crash. It’s about a system that too often treats safety as an afterthought. And if Action Safety Supply wins, maybe, just maybe, a few more dispatchers will think twice before sending out a driver who shouldn’t be on the road. Until then, keep your eyes open on I-44. You never know who’s behind the wheel—and whether they’re even supposed to be there.

Case Overview

$150,000 Demand Jury Trial Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Daniel K. Jones

Miller Johnson Jones Antonissee & White, PLLC

Relief Sought

$75,000 Monetary

$75,000 Punitive

Plaintiffs

Action Safety Supply Co. LLC business
Rep: Miller Johnson Jones Antonissee & White, PLLC

Defendants

Claims

#	Cause of Action	Description
1	Negligence/Negligence Per Se	Kumar's reckless driving caused damages to Action Safety Supply
2	Negligent Entrustment	DTC Logistics and National Freight Line entrusted Kumar with a semi-truck despite knowing he was incompetent
3	Negligent Hiring, Supervision, Training, and Retention	DTC Logistics failed to supervise and train Kumar, leading to damages to Action Safety Supply
4	MCS-90	DTC Logistics and National Freight Line's insurance policies with MCS-90 endorsements cover damages to Action Safety Supply

Petition Text

1,212 words

IN THE DISTRICT COURT OF CREEK COUNTY, STATE OF OKLAHOMA ACTION SAFETY SUPPLY CO. LLC, Plaintiff, v. SUSHIL KUMAR; DTC LOGISTICS INC; and NATIONAL FREIGHT LINE, Defendants. PETITION Plaintiff Action Safety Supply Co. LLC ("Action Safety Supply"), for its Petition against Defendants Sushil Kumar ("Kumar"), DTC Logistics Inc ("DTC Logistics"), and National Freight Line ("National Freight Line"), alleges and states as follows: PARTIES, JURISDICTION, AND VENUE 1. Action Safety Supply is a domestic limited liability company registered in the State of Oklahoma. 2. Upon information and belief, Kumar is a resident of the State of New York, and was at the time of the incident which gave rise to the claims for relief set forth herein. 3. Upon information and belief, DTC Logistics is a foreign for-profit corporation and is subject to the jurisdiction of this Court. DTC Logistics is authorized to operate as an interstate motor carrier under the authority of U.S. DOT No. 3293628, and at the time of the subject collision, regularly conducted the business of trucking in the State of Oklahoma. 4. Upon information and belief, National Freight Line is a foreign for-profit corporation and is subject to the jurisdiction of this Court. National Freight Line is authorized to operate as an interstate motor carrier under the authority of U.S. DOT No. 4071132, and at the time of the subject collision, regularly conducted the business of trucking in the State of Oklahoma. 5. The collision which gives rise to this litigation occurred on or about February 24, 2025, in Creek County, State of Oklahoma. 6. Venue is proper in Creek County, Oklahoma. STATEMENT OF FACTS 7. On February 24, 2025, Kumar was operating a 2020 Freightliner Cascadia semi tractor traveling eastbound on I-44 near Bristow, Oklahoma. 8. Kumar was cited by Oklahoma Highway Patrol for inattentive driving for falling asleep while driving causing his vehicle to cross the center line and ultimately roll onto its side. 9. Kumar was arrested by Oklahoma Highway Patrol for driving with a suspended license. 10. As a result of this accident, Action Safety Supply sustained damages. 11. Upon information and belief, the semi tractor Kumar was operating was owned by DTC Logistics. 12. Upon information and belief, the trailer Kumar was transporting carried a cargo load owned by National Freight Line. 13. At the time of the collision, DTC Logistics had a commercial liability auto policy with Knight Specialty Insurance Company, which included the MCS-90 Public Indemnification Endorsement. Any judgment Plaintiff obtains because of DTC Logistics’ negligence is recoverable under DTC Logistics’ policy with Knight Specialty Insurance Company. 14. At the time of the collision, National Freight Line had a commercial liability auto policy with Knight Specialty Insurance Company, which included the MCS-90 Public Indemnification Endorsement. Any judgment Plaintiff obtains because of National Freight Line’s negligence is recoverable under National Freight Line’s policy with Knight Specialty Insurance Company. FIRST CAUSE OF ACTION (NEGLIGENCE/NEGLIGENCE PER SE OF KUMAR) 15. Plaintiff incorporates the preceding paragraphs by reference. 16. The proximate cause of the collision and the resulting damages suffered by Plaintiff were directly caused by one or more negligent acts or omissions of Kumar, who was acting within the course and scope of his agency/employment with DTC Logistics and National Freight Line, including but not limited to-the following: a. operating a motor vehicle in a reckless and careless manner in violation of 47 O.S. § 11-901; b. failing to devote full time and attention to driving; and c. driving with a suspended license. 17. Kumar’s conduct constitutes gross negligence and/or amounts to wanton and reckless disregard for the rights of Plaintiff. 18. Plaintiff is the class of persons intended to benefit from traffic safety laws. 19. Kumar was the proximate and cause-in-fact of Plaintiff’s damages. 20. Accordingly, Plaintiff seeks judgment from Kumar for negligence and negligence per se under the theory of respondeat superior in an amount in excess of $75,000 to be determined by a jury, along with exemplary damages. SECOND CAUSE OF ACTION (NEGIGENT ENTRUSTMENT BY DTC LOGISTICS AND NATIONAL FREIGHT LINE) 21. Plaintiff incorporates the preceding paragraphs by reference. 22. Under 47 O.S. § 6-307 and the Federal Motor Carrier Safety Regulations ("FMCSRs"), DTC Logistics and National Freight Line had a statutory and common law duty to determine Kumar was qualified to safely operate the semi tractor-trailer and cargo involved in the subject collision. 23. At all relevant times, DTC Logistics and National Freight Line breached the duties imposed by 47 O.S. § 6-307, the FMCSRs, and the common law, by not using ordinary care to avoid the negligent, careless, and/or reckless use of its semi tractor-trailer and cargo by Kumar when DTC Logistics and National Freight Line knew or reasonably should have known that Kumar was careless, reckless, and/or incompetent to be entrusted with the semi tractor-trailer and cargo involved in the collision. 24. The subject collision and Plaintiff’s resulting damages were proximately caused by Kumar’s careless, recklessness and incompetence, as well as DTC Logistics and National Freight Line’s negligent entrustment of the semi tractor-trailer and cargo to Kumar. 25. DTC Logistics and National Freight Line’s conduct constitutes gross negligence and/or amounts to wanton and reckless disregard for the rights of Plaintiff. 26. Accordingly, Plaintiff seeks judgment against DTC Logistics and National Freight Line in an amount in excess of $75,000 to be determined by a jury, along with exemplary damages. THIRD CAUSE OF ACTION (NEGLIGENT HIRING, SUPERVISION, TRAINING AND RETENTION - DTC LOGISTICS) 27. Plaintiff incorporates the preceding paragraphs by reference. 28. At all relevant times, DTC Logistics possessed a duty to use reasonable care in its hiring, supervision, training, and retention of Kumar. 29. DTC Logistics breached this duty, directly resulting in damages to Plaintiff. 30. DTC Logistics’ conduct constitutes gross negligence or amounts to wanton and reckless disregard for the rights of Plaintiff. 31. Accordingly, Plaintiff seeks judgment against DTC Logistics in an amount in excess of $75,000 to be determined by a jury, along with exemplary damages. FOURTH CAUSE OF ACTION (MCS-90 - DTC LOGISTICS AND NATIONAL FREIGHT LINE’S LIABILITY) 32. Plaintiff incorporates the preceding paragraphs by reference. 33. At the time of the collision, DTC Logistics had a valid commercial insurance policy with Knight Specialty Insurance Company and National Freight Line had a valid commercial insurance policy with Knight Specialty Insurance Company, which contained MCS-90 endorsements. 34. The collision and the resulting damages to Plaintiff were proximately caused by the operation of the motor carriers. 35. Action Safety Supply is a member of the motoring public that were intended to benefit from these MCS-90 endorsements. 36. Pursuant to the MCS-90 endorsements, Plaintiff is entitled to compensation for its damages. 37. Plaintiff seeks judgment against DTC Logistics and National Freight Line in an amount in excess of $75,000 to be determined by a jury. WHEREFORE, Plaintiff Action Safety Supply demands judgment against Defendants for general and special damages in excess of Seventy-Five Thousand Dollars ($75,000.00), for punitive and exemplary damages in excess of Seventy-Five Thousand Dollars ($75,000.00), for attorney’s fees and costs expended herein, for pre-judgment interest and post-judgment interest on the judgment at the rate allowed by law, and for such other and further relief, both at law and in equity, to which Plaintiff may be justly entitled. Miller Johnson Jones Antonissee & White, PLLC Mary Rogers-Hurst Daniel K. Jones, OBA # 16940 Mary Rogers-Hurst, OBA # 33602 500 N.W. 6th Street, Suite 300 Oklahoma City, Oklahoma 73102 Telephone: (405) 896-4388 Facsimile: (405) 609-2995 [email protected] [email protected] Attorneys for Plaintiff Attorney Lien Claimed Jury Trial Demanded