California Court of Appeal

In this personal injury action brought for injuries arising from a propane tank falling on King, a truck driver, while an AmeriGas employee was unloading empty propane tanks from King's trailer. King settled with AmeriGas, who then cross-complained against Landstar, the motor carrier that hired King, for equitable indemnification. Judgement finding Landstar not liable is affirmed, where: 1) there was ample evidence supporting the court's findings that King was a highly experienced truck driver, qualified to transport propane tanks, and that Landstar was therefore not negligent in ensuring that their drivers were adequately trained or experienced pursuant to the Federal Motor Carrier Safety Regulations (FMCSRs); and 2) even if Landstar violated the FMCSRs, such violations did not proximately cause or contribute to King's injuries because the propane tanks were secure and stable during transit and upon arrival at the unloading yard.

Appellate Information

• Decided 10/24/2014
• Published 10/24/2014

Judges

• Codrington

Court

• California Court of Appeal

Counsel