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| Case Name | Amerigas Propane, LP v. Landstar Ranger, Inc. | |
|---|---|---|
| Date | 05/18/2010 | |
| Note | A trial court should not have granted a defendant's motion for summary judgment because a factual question existed about whether an injured trucker was an employee, and whether a company owed him a duty as an independent contractor. | |
| Citation | E048536 | |
| WCC Citation | WCC 36232010 CA |
Introduction Defendant and cross-complainant Amerigas Propane, L. P. (Amerigas) appeals summary judgment entered on Amerigas's cross-complaint, in favor of cross-defendant Landstar Ranger, Inc. (Landstar). This action arises from Amerigas contracting with motor carrier, Landstar Ranger, Inc. (Landstar), for the transportation of 30 Amerigas propane tanks. King leased to Landstar a tractor and "drop-deck" trailer, referred to as a flatbed trailer, he had recently obtained for hauling loads for Landstar. Amerigas seeks to recover, based on comparative fault, a portion of what Amerigas paid to settle the Kings's underlying lawsuit. Amerigas alleges it is entitled to equitable indemnity from Landstar for a portion of the settlement proceeds, based on Landstar being partially at fault for King's injuries.
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