AmeriGas Propane, L.P. v. Landstar Ranger, Inc

In AmeriGas Propane, L.P. v. Landstar Ranger, Inc. (2010) 184 Cal.App.4th 981, a California appellate court adopted the reasoning of Proctor and Johnson to hold that a motor carrier may be liable for injury to its driver. In that case, AmeriGas contracted with Landstar, a motor carrier, to transport propane tanks. Landstar leased a tractor and trailer from Steven King, through his company, King Transportation, pursuant to an independent contractor operating agreement. While the propane tanks were being off-loaded, King was seriously injured. (AmeriGas, at pp. 984, 985.) King sued AmeriGas and other defendants for negligence and related torts; AmeriGas settled with King and cross-complained against Landstar for reimbursement of a portion of the settlement proceeds. The trial court granted summary judgment for Landstar, and AmeriGas appealed, contending that Landstar's summary judgment motion failed to address AmeriGas's claim for relief under the Act. (184 Cal.App.4th at pp. 987-988.) The Court of Appeal reversed the grant of summary judgment for Landstar. After discussing the split among the federal circuits as to whether motor carriers are liable under the Act for injuries to drivers of leased trucks, it adopted the reasoning of Johnson to hold that that motor carriers are liable. In so holding, it adopted the Johnson court's conclusion that the Act had two purposes: "(1) 'To protect members of the public from motor carriers' attempts to escape liability for the negligence of drivers by claiming their drivers were independent contractors' citation and (2) 'to provide "enhanced protection of the health of commercial motor vehicle operators"' citation." (AmeriGas, supra, 184 Cal.App.4th at p. 997.) Thus, the court said: "As in Johnson, supra, 926 F.2d 516, in the instant case, we conclude King, as a driver, is an intended beneficiary of the regulations, and therefore AmeriGas can seek recovery against Landstar for violating regulations that caused or contributed to King's injury." (Id. at p. 1001.)