California Court of Appeal Affirms that the Primary Assumption of Risk Doctrine Bars a Delivery Driver’s Negligence Action Against a Customer - JDSupra
Plaintiff Stephen Moore, a United Parcel Service (UPS) delivery driver, was injured when he lifted a box with a shipping label prepared by defendant William Jessup University (University). The shipping label inaccurately stated the weight of the box. Plaintiff sued the University for negligence, and the University filed a motion for summary judgment. The trial court granted summary judgment on the grounds that the University did not owe plaintiff a legal duty of care, and the doctrine of primary assumption of risk barred plaintiff’s action.
Plaintiff Stephen Moore, a United Parcel Service (UPS) delivery driver, was injured when he lifted a box with a shipping label prepared by defendant William Jessup University (University). The shipping label inaccurately stated the weight of the box. Plaintiff sued the University for negligence, and the University filed a motion for summary judgment. The trial court granted summary judgment on the grounds that the University did not owe plaintiff a legal duty of care, and the doctrine of primary assumption of risk barred plaintiff’s action.