California Court of Appeal
Amerigas Propane, LP v. Landstar Ranger, Inc., E048536
Trial court's grant of Landstar's motion for summary judgment on Amerigas's FACC, arising from an underlying action brought by plaintiffs for personal injury and loss of consortium damages against Amerigas and other defendants for suffering serious injuries while offloading gas tanks, is reversed where: 1) a triable issue existed as to whether the plaintiff was Landstar's employee under state law; and 2) Amerigas had a viable claim based on the Federal Motor Carrier Safety Regulations (FMCSR), which Landstar did not negate.
Appellate Information
- Decided 05/18/2010
- Published 05/18/2010
Judges
Court
- California Court of Appeal