Foremost Dairies, Inc. v. State of California

Irving H. Perluss, Anthony C. Diepenbrock and Greve, Clifford, Diepenbrock & Paras for Cross-complainants and Appellants.

John K. Van de Kamp, Attorney General, and Richard G. Tullis, Deputy Attorney General, for Cross-defendant and Respondent.

OPINION

HANING, J.

Appellants Foremost Dairies, Inc., and Charles Bosman appeal from a summary judgment granted to respondent State of California (State) in appellants' action against the State for indemnity. Appellants were sued by third-party plaintiffs for personal injuries resulting when appellants' truck rear-ended plaintiffs' vehicle on a state highway obscured by smoke from a nearby fire. [1] Appellants cross-complained against the State for indemnity on the theory that a California Highway Patrol officer (CHP) at the scene either failed to warn or negligently acted in warning them of a dangerous condition. [2] We affirm.

The rules for review of summary judgments are well established and need not be recited. (See, e.g., Corwin v. Los Angeles Newspaper Service Bureau, Inc. (1971) 4 Cal.3d 842, 851-852 [ 94 Cal. Rptr. 785 , 484 P.2d 953 ]; 6 Witkin, Cal. Procedure (3d ed. 1985) Proceedings Without Trial, § 274 et seq.). "The…