California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.

A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not responsible for his negligence. The trial court denied summary judgment and the CHP petitioned the Court of Appeal for extraordinary relief, based on the legislative intent behind the FSP program. After concluding there was no legislative intent to make the CHP liable as a special employer of FSP tow truck drivers, the appellate court granted a peremptory writ of mandate. (State of California ex rel. Department of California Highway Patrol v. Sup. Ct. (Mayra Antonia Alvarado)  (Cal. App. Fourth Dist., Div. 3; October 15, 2013) 220 Cal.App.4th 612.