In State of California ex rel. Department of the California Highway Patrol v. Superior Court (Alvarado), the California Supreme Court reversed a court of appeal decision directing the trial court to enter summary judgment in favor of the California Highway Patrol in a lawsuit involving a collision between a motorist and a tow truck driver employed by a business that contracted with CHP under the Freeway Service Patrol Act. Under the FSP program, motorists receive free public emergency roadside assistance on highways, as a public service. The trial court certified to the appellate court the question of whether, under the FSP statutes, CHP could be deemed a "special employer" of tow truck drivers involved in the program, and thus vicariously liable for their acts or omissions under Government Code section 815.2. The court of appeal ruled that under the FSP statutes, the CHP could not be a special employer as a matter of law.
The Supreme Court agreed that the statutes in the FSP Act, read in harmony, do not support the conclusion that the CHP was a special employer of tow truck drivers. But it ruled that this does not eliminate the possiblity that the CHP might act as a special employer, if it takes on responsibilities under agreements with tow service providers beyond those outlined in the FSP statutes. The court remanded the case for the trial court to determine whether the facts of this case might support special employment liability.