A. Teichert & Son, Inc. v. Superior Court

Petitioner, A. Teichert & Son, Inc. (Teichert), seeks a writ of mandate directing respondent superior court to grant its motion for summary judgment. (Code Civ. Proc., § 437c, subd. (7)) We shall issue the writ.

The basic facts are not in dispute. Robert Gumpert was fatally injured on September 15, 1985, in front of the entrance to Teichert’s plant on State Highway 16 (Jackson Road) in Sacramento County. Gumpert was riding a bicycle westbound along the shoulder of the road and collided with a dump truck which was turning left from the eastbound lane of Jackson Road into Teichert’s property. The truck was driven by real party in interest, Jewell W. Farmer.

A wrongful death action was subsequently filed by real party in interest John D. Gumpert (plaintiff), Robert’s father. The complaint named Teichert, Farmer, and the State of California as defendants. Two causes of action are stated against Teichert. The first cause of action seeks recovery from Teichert on the theory that it is vicariously liable for the alleged negligence of Farmer. The third cause of action asserts that Teichert is directly liable because it “. . . negligently, recklessly and wantonly owned,…