Hill Brothers Chemical Co. v. Superior Court

Hill Brothers Chemical Company (Hill Brothers), defendant in a wrongful death action, petitions for relief from the trial court’s denial of its motion for summary judgment. The issue before us is whether Hill Brothers, licensed as a private motor carrier under the Vehicle Code, has a nondelegable duty to the public and is therefore liable for the negligent acts of a for-hire motor carrier of property it hired as an independent contractor to transport its goods. We find no such duty and grant the petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

Hill Brothers, a chemical company, has a fleet of trucks and other vehicles which it uses to deliver its products to its customers. The vehicles qualify as “commercial motor vehicles” within the meaning of the Motor Carriers of Property Permit Act (MCPPA) (Veh. Code, § 34600 et seq.) Hill Brothers is a “private carrier” as that term is used in the MCPPA and operates under a “Motor Carrier Permit” issued by the California Department of Motor Vehicles (DMV).

In November 2002, Hill Brothers hired MJF Equipment Transport (MJF), an independent contractor, to transport materials from one of its suppliers to its…