California Court of Appeal
State of California ex rel. Dept. of California Highway Patrol v. Superior Court, G047922
A petition for a writ of mandate to compel the trial court to grant a summary judgment motion made in a personal injury lawsuit involving the petitioner's Freeway Service Patrol (FSP) program is granted, where: 1) under the FSP program, tow truck companies contract with county transportation authorities to patrol urban freeways, helping out stranded motorists, and the transportation authorities in turn contract with petitioner, which certifies and supervises both the drivers and the truck companies; and 2) there was no legislative intent to make petitioner liable as a special employer of FSP tow truck drivers for the drivers' negligence.
Appellate Information
- Decided 10/15/2013
- Published 10/15/2013
Judges
- BEDSWORTH
Court
- California Court of Appeal