The Automobile Club’s Duty of Reasonable Care

When a driver is stopped in his car on the shoulder of the road, and summons a tow truck through the Automobile Club, does the Automobile Club and tow truck company owe the stranded driver a duty of reasonable care?

That was among the questions answered recently by the California Court of Appeal in Luebke v. Automobile Club of Southern California.

Brette Luebke’s car died while driving on the 405 near Skirball Center. He pulled over to the shoulder and, being an Auto Club member, called the Auto Club for assistance. He waited over two hours for the tow truck to show up. Sadly, as he waited, his car was rear-ended by an unlicensed driver.

Mr. Luebke suffered injuries and sued the driver who hit him, as well as the tow truck company that failed to show up. He also sued the Auto Club, alleging that both the Auto Club and the tow truck were negligent in not providing timely assistance. In essence, he argued that had the Auto Club sent the tow truck promptly, he would not have been hit by the unlicensed driver.

Both the Auto Club and tow truck company moved for summary judgment, a procedural mechanism used to dismiss cases when certain matters are not in dispute. The Auto Club argued that since Mr. Luebke admitted that the Auto Club wasn’t the one who hit his car (but rather, the unlicensed driver was), the lawsuit should be dismissed. The trial court agreed, and the case was dismissed.

Mr. Luebke appealed. He argued that the case should not have been dismissed because the issue of who caused his injuries was irrelevant to whether the Auto Club and tow truck companies owed him a duty of reasonable care. The Court of Appeal agreed, reinstating the case.

The Court noted that at times, a special relationship can exist between two parties to a contract, and a duty of reasonable care can exist between the two. Whether there was a special relationship between Mr. Luebke and the Auto Club depends on the contract, and the case was sent back to the lower court to determine whether a special relationship exists in this case.

The case is important because it shows that the Auto Club and similar organizations may owe their members a duty of reasonable care. In this case, Mr. Luebke argued that waiting over two hours for a tow truck was unreasonable and was the result of both the Auto Club and tow truck company’s negligence. Nobody ever wants to be stranded on the side of the freeway and put in the position Mr. Luebke was in on the day he was seriously injured on the 405 freeway.

If you are an Auto Club member and were in an accident on the 405 freeway or anywhere else in Los Angeles or Orange County, it is good to know that the Auto Club may in fact owe you a duty of reasonable care in your situation. If you have questions about your case, my office is ready to assist, 24/6.