California Court of Appeal

In case where plaintiff, a California resident, sustained physical injuries in a traffic collision in Alabama allegedly caused by an overturned truck owned by defendant-corporation and leased to defendant-produce business, summary judgment for defendant-corporation is affirmed as, in connection with the accident, defendant was not a "motor carrier" as that term is defined in the relevant federal statutes, regulations, and case law and therefore is not liable under federal law or the common law nondelegable duty doctrine. Moreover, defendant corporation's liability to plaintiffs is governed by Alabama's permissive user law.

Appellate Information

• Decided 09/04/2007
• Published 09/04/2007

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Manuel Hidalgo, Manuel Hidalgo and Rolando Hidalgo, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Lewis Brisbois Bisgaard & Smith, Roy G. Weatherup, Donald G. Forgey, Heidi M. Yoshioka and Caroline E. Chan, Los Angeles, for Defendants and Respondents.