California Court of Appeal

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SERNA v. PETTEY LEACH TRUCKING, INC., B157910

In a wrongful death action against an interstate motor carrier, the carrier, having undertaken an activity which can be lawfully carried on only under a public franchise or authority and which involves possible danger to the public, is liable to the plaintiffs for harm caused by the negligence of the carrier's independent contractor, notwithstanding that the carrier's cargo was exempt from certain economic regulations.

Appellate Information

  • Decided 07/31/2003
  • Published 07/31/2003

Judges

  • MIRIAM A. VOGEL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Law Offices of Kumetz & Glick, Stephen Glick, Fred Kumetz, Los Angeles, and Jeffrey A. Levinson, for Plaintiffs and Appellants.

  • For Appellees:
  • Tharpe & Howell, Paul W. Burke, Los Angeles, and Shawn Elliot, for Defendant and Appellant.
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