A West Virginia federal judge partially dismissed a widow’s suit against a trucking company after one of its drivers shot and killed her husband in a road rage incident, ruling she failed to prove that the company knew or should have known that he possessed or carried a loaded, improperly stored firearm.

After her husband was shot and killed by trucker driver James Armstrong in a fit of road rage, Kim Sammons, individually as as the Executrix of the Estate of her late husband, Eric Sammons, filed suit against James Armstrong, Armstrong Trucking 1 and EMA Express.