State of California ex rel. Department of the California Highway Patrol v. the Superior Court of Orange County…

Summary

The court held that the statutory scheme governing the Freeway Service Patrol does not itself make the California Highway Patrol a special employer of privately employed tow truck drivers, because CHP's statutory control is governmental and directed toward public safety rather than employment. The statutes also do not categorically prevent CHP from becoming a special employer if it undertakes additional responsibilities beyond those specified in the statutory scheme. The court therefore reversed the Court of Appeal and remanded for a determination whether the facts support CHP liability. Justice Werdegar, concurring, agreed with the result but would not infer that the Legislature intended the statutes to limit vicarious liability.