In the recent decision Vargas v. FMI, Inc. (2015) 233
Cal.App.4th 638, plaintiff Vargas and Villalobos were a two-man
team driving a tractor-trailer cross country. Shortly into the
journey, with Villalobos driving and plaintiff asleep in the
sleeper berth, Villalobos fell asleep at the wheel and the
tractor-trailer rolled over, injuring plaintiff. Plaintiff sued (1)
the motor carrier and trailer owner, (2) the tractor owner, (3) the
tractor owner's principal, and (4) Villalobos. The trial court
granted the motor carrier's/trailer owner's motion for
summary judgment on the grounds that it was not vicariously liable
for plaintiff's injuries as the hirer of an independent
contractor, pursuant to Privette v. Sup. Ct. (1993) 5
Cal.4th 689, and its progeny, including SeaBright Ins. Co. v.
US Airways, Inc. (2011) 52 Cal.4th 590, which recognized that
there was an implied and presumed delegation of workplace safety in
contracts entered into between hirers and independent
