Vargas v. FMI, Inc.
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
EDMON, P. J.
— Jose Vargas (Vargas or plaintiff) and Luis Felipe Villalobos (Villalobos) were a two-man team driving a tractor-trailer across the country. Villalobos was driving and Vargas was in the sleeper berth when the tractor-trailer rolled over, injuring Vargas. Vargas sued FMI, Inc. (FMI) (the motor carrier and trailer owner), Eves Express, Inc. (Eves) (the tractor owner), Eswin Suchite (Suchite) (Eves’s principal), and Villalobos (the driver), for negligence. The trial court granted summary judgment for FMI and Eves, concluding as a matter of law that neither was vicariously…
2Cases cited25 opinions
- Department of Transportation v. Public CitizenSupreme Court of the United States · 2004
- Miller v. Department of CorrectionsCalifornia Supreme Court · 2005
- Privette v. Superior CourtCalifornia Supreme Court · 1993
- Morris v. JTM Materials, Inc.Court of Appeals of Texas · 2002
- Kinsman v. Unocal Corp.California Supreme Court · 2005
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