Penn-Star Insurance Company v. Zenith Insurance Company

I. Background

A. The Accident D.M. Camp & Sons owns and operates farms in Kern County, California. (Docket Entry No. 107 at ¶¶ 3, 9). Golden Labor Services LLC provides labor for farming operations. (Id. at ¶ 9). Camp and Golden Labor had a “Farm Labor Contractors Services Agreement” (the “Farm Labor Agreement”) under which Golden Labor would provide Camp with farm laborers. (Id.). Under the Farm Labor Agreement, Golden Labor assigned Valentin Romero Colotl to operate tractors and perform irrigation work on Camp’s farm. (Id. at ¶ 11). In November 2017, Mr. Colotl was driving a John Deere tractor, owned by Camp, on North Rancho Drive in Kern County. (Docket Entry No. 117 at ¶ 4). Mr. Colotl was returning the tractor to Camp’s “yard” at the end of his shift when the tractor collided with a Toyota Camry, killing the Camry’s driver, Jaime Silva, Jr., and injuring its passengers, Fidencio Garcia, Joventino Cisneros, and Alberto Garcia. (Docket Entry No. 107 at ¶¶ 2–4).

The Camry passengers and Silva’s parents sued Mr. Colotl, Camp, and Golden Labor in Kern County Superior Court (the “Garcia” case), asserting claims for negligence and motor vehicle liability. (Id. at ¶…