AmeriGas Propane, LP v. Landstar Ranger, Inc.

I

INTRODUCTION

This action arises from a propane tank falling on a truck driver, Steven K. King (King), while an AmeriGas Propane, L.P. (AmeriGas) employee, David Jones (Jones), was unloading empty propane tanks from King’s flatbed trailer at an AmeriGas facility. Landstar Ranger, Inc. (Landstar), a motor carrier, had hired King and his company, King Transportation, LLC, to transport the load of propane tanks. King and his wife, Grace King (the Kings), brought a personal injury action against shipper, AmeriGas, and carrier, Landstar, for damages for injuries arising from a propane tank falling on King. AmeriGas settled with the Kings and cross-complained against Landstar for equitable indemnification and contribution. Following a bench trial on AmeriGas’s cross-complaint, the trial court found Landstar not liable for equitable indemnification. The court concluded AmeriGas did not sustain any recoverable loss or damages and Landstar was not liable for violating any Federal Motor Carrier Safety Regulations (FMCSRs).

AmeriGas appeals from the judgment entered in favor of cross-defendant Landstar, following a bench trial on AmeriGas’s cross-complaint for equitable…