Facts

Lawrence Elliot and Theresa Lawton filed suit against defendant Automobile Club of Southern California, Ammari Auto Center and Elbert Morales. The Auto Club is a not-for-profit mutual benefit corporation that contracts with independently owned businesses to provide road side services for its members. Elliot and Lawton sought the services of the Auto Club to transport Lawton's Bentley Continental R, which Elliot drove, to a dealership in Marina Del Rey. The Bentley was damaged during the transport.

PLAINTIFF'S CONTENTIONS: Elliot and Lawton alleged that defendants negligently unloaded the Bentley from the tow truck and caused significant damages to it.

DEFENDANT'S CONTENTIONS: The Auto Club contended that Ammari was an independent contractor, and it was not vicariously liable for Morales' actions for this reason, and because Morales was Ammari's employee. Also, the Auto Club did not own, operate or control the tow truck driven by Morales. Nor did an ostensible agency relationship exist; while Auto Club allows independent contractors to display the Auto Club logo, it is for customers to easily identify the roadside service vehicles and personnel, not because they are employees.

Result

The court granted summary judgment in favor of Auto Club.