Facts

On July 31, 2005, Armando Bourbois was heading southbound in an 18-wheel truck on Interstate 5 when he drifted off the road and hit James Whitney, who was changing a tire on his vehicle. Bourbois was driving the truck in the course of his employment with Gordon Trucking Inc. Whitney sustained severe injury from the accident and was rendered a paraplegic. Bourbois was not cited, but Gordon Trucking determined he had been under the influence of methamphetamine shortly before the accident. Whitney was not aware of Bourbois' drug use at the time of the accident and reached a settlement with Gordon Trucking for $6 million.

PLAINTIFF'S CONTENTIONS:
Gordon Trucking filed suit against Foster Farms, seeking indemnity and contribution, and alleging unfair business practices. Gordon Trucking contended that it had requested drug and alcohol testing information from Foster Farms before hiring Bourbois, as his former employer. The company further alleged that had Foster Farms informed it that Bourbois had refused a drug test while employed there, it would not have hired him and the accident would not have occurred.

DEFENDANT'S CONTENTIONS:
Foster Farms contended that it owed no duty toward Whitney and therefore was not a joint tortfeaser liable for contribution or indemnity. Foster Farms alleged that Bourbois had been employed by Gordon Trucking for 18 months before the accident, and had been employed by two other companies after Foster Farms. Foster Farms contended that it had never received a request for information, and that Gordon Trucking did not make attempts to obtain such information from previous employers.

Damages

Gordon Trucking sought $6 million in damages for the underlying settlement amount.

Result

The court granted a nonsuit to Foster Farms.