Foremost Dairies, Inc. v. State of California

Opinion

HANING, J.

Appellants Foremost Dairies, Inc., and Charles Bosman appeal from a summary judgment granted to respondent State of California (State) in appellants’ action against the State for indemnity. Appellants were sued by third-party plaintiffs for personal injuries resulting when appellants’ truck rear-ended plaintiffs’ vehicle on a state highway obscured by smoke from a nearby fire.1 Appellants cross-complained against the State for indemnity on the theory that a California Highway Patrol officer (CHP) at the scene either failed to warn or negligently acted in warning them of a…