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SERNA v. PETTEY LEACH TRUCKING, INC.

No. B157910.

2 Cal.Rptr.3d 835 (2003)

110 Cal.App.4th 1475

Maria SERNA, et al., Plaintiffs and Appellants, v. PETTEY LEACH TRUCKING, INC., Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

Review Denied November 19, 2003.

Attorney(s) appearing for the Case

Law Offices of Kumetz & Glick, Stephen Glick, Fred Kumetz, Los Angeles, and Jeffrey A. Levinson, for Plaintiffs and Appellants.

Tharpe & Howell, Paul W. Burke, Los Angeles, and Shawn Elliot, for Defendant and Appellant.

Certified for Partial Publication.*

MIRIAM A. VOGEL, J.

In this wrongful death action against an interstate motor carrier, we hold that the carrier, having undertaken an activity which can be lawfully carried on only under a public franchise or authority and which involves possible danger to the public, is liable to the plaintiffs for harm caused by the negligence of the carrier's independent contractor notwithstanding that the...

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