Serna

In this wrongful death action against an interstate motor carrier, we hold that the carrier, having undertaken an activity which can be lawfully carried on only under a public franchise or authority and which involves possible danger to the public, is liable to the plaintiffs for harm caused by the negligence of the carrier’s independent contractor— notwithstanding that the carrier’s cargo was exempt from certain economic regulations.

BACKGROUND

A.

The Surface Transportation Board (formerly the Interstate Commerce Commission) and the Secretary of Transportation enforce the United States Government’s transportation policy with regard to transportation by motor carrier ( 49 U.S.C. § 13101 (a)(2)), and the Board has jurisdiction over the transportation of property by motor carrier between a place in one state and a place in another state. ( 49 U.S.C. § 13501 (1)(A).) Although there are several exemptions from this jurisdiction ( 49 U.S.C. §§ 13502 , 13503, 13504, 13505), and although there is a specific statutory exemption for the transportation by motor carrier of agricultural or horticultural commodities, including poultry ( 49 U.S.C. § 13506 (a)(6)(B); Gold Kist, Inc.…