In Serna v. Pettey Leach Trucking, Inc. (2003) 110 Cal.App.4th 1475, the Court of Appeal applied Eli v. Murphy (1952) to reaffirm that the duty owed by motor carriers to safely operate vehicles on public highways is nondelegable. There, the court held a motor carrier liable for the negligence of its driver, explaining as follows: "The rule is that a carrier who undertakes an activity (1) which can be lawfully carried on only under a public franchise or authority and (2) which involves possible danger to the public is liable to a third person for harm caused by the negligence of the carrier's independent contractor. . Were the rule otherwise, a carrier could escape liability for the negligence of its independent contractors, thus reducing the incentive for careful supervision and depriving those who are injured of the financial responsibility of those to whom the privilege was granted. For these reasons, the carrier's duties are nondelegable ... ." (Serna, supra, at p. 1486.)