Amerigas Propane, L.P. v. Landstar Ranger, Inc.

1. Introduction

Defendant and cross-complainant AmeriGas Propane, L.P. (AmeriGas), appeals summary judgment entered on AmeriGas’s cross-complaint, in favor of cross-defendant Landstar Ranger, Inc. (Landstar).

This action arises from AmeriGas contracting with motor carrier, Landstar, for the transportation of 30 AmeriGas propane tanks. Landstar leased a tractor and flatbed trailer (referred to collectively as a truck) from plaintiff Steven King (King), through his company, King Transportation, LLC. Landstar assigned transportation of the load of tanks to King Transportation, LLC. While offloading the gas tanks, King was seriously injured.

King and his wife brought an action for personal injury and loss of consortium damages against AmeriGas and other defendants. AmeriGas settled with the Kings, and cross-complained against Landstar for reimbursement of a portion of the settlement proceeds. AmeriGas’s first amended cross-complaint (FACC) contained causes of action for equitable indemnity, contribution, and declaratory relief.

The trial court granted Landstar’s motion for summary judgment on the FACC on the grounds AmeriGas admitted King was an employee of Landstar and,…