Jackson v. Ryder Truck Rental, Inc.

Plaintiffs Frances Marie Jackson, individually and as special administrator, etc., et al., appeal from a summary judgment in favor of defendant Ryder Truck Rental, Inc. (Ryder) in plaintiffs’ lawsuit for wrongful death. We shall reverse the summary judgment.

Factual and Procedural Background

A. Facts.

Stated most favorably to plaintiffs, evidence adduced upon the motion for summary judgment showed the following:

The decedent, Loren Jackson, was an employee of S. B. Thomas Company (Thomas). On August 26, 1985, he was working as a relief driver servicing Thomas customers in Sacramento. Ryder had exclusive responsibility under contract with Thomas for inspection, preventive maintenance, service, and repair of Thomas vehicles in Sacramento. The Thomas employee who normally drove the truck used by the decedent had experienced many problems with the truck’s electrical system and had reported those problems to Ryder, but electrical failures had persisted up to the date of the accident.

In the early morning hours of August 26, 1985, when it was still dark, the decedent pulled off eastbound Highway 50 onto the shoulder. After he got out of the truck, while standing on the…