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No Equitable Indemnity.

January 19, 2015 by Leave a Comment

Equitable IndemnityAn employee of a gas facility dropped a propane tank on a truck driver as he was removing the tank from the truck driver’s truck. The facility settled with the truck driver for his injuries and then cross-complained against the motor carrier who had hired the truck driver’s company to carry the tanks. After a bench trial, the court found the carrier was not liable for equitable indemnification, and was not liable for violating any Federal Motor Carrier Safety Regulations [FMCSR]. On appeal, the appellate court affirmed, finding the carrier “was not negligent based on violations of FMCSRs requiring carriers to ensure their drivers are adequately trained and/or experienced in securing their loads,” and even if the carrier violated FMCSRs, “any such violations did not proximately cause or contribute to [the truck driver’s] injuries because the load of propane tanks was secure and stable during transit and upon arrival” at the facility. (Amerigas Propane, LP v. Landstar Ranger, Inc. (Cal. App. Fourth Dist., Div. 2; October 24, 2014) 230 Cal.App.4th 1153, [179 Cal.Rptr.3d 330].)

Filed Under: Appellate Law News, Legal News, Negligence Law News, Tort Law News

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