California Packing Corp. v. Transport Indemnity Co.

Plaintiff California Packing Corporation (Cal-Pack) appeals from a judgment entered in a declaratory relief action brought against defendant Transport Indemnity Company (Transport) for the purpose of determining the respective liabilities of Cal-Pack’s insurance carrier Fireman’s Fund Insurance Company (the Fund) and Transport, for personal injuries sustained by one David E. Thomas.

Thomas, an employee of Miles Motor Transport System (Miles), drove his employer’s truck onto premises of Cal-Pack to pick up a load of empty boxes. He was injured when a forklift, operated by Cal-Pack’s employee…