California Court Affirms Primary Assumption of Risk Doctrine Bars Delivery Driver’s Negligence

Discussion in 'The Latest UPS Headlines' started by cheryl, Jan 1, 2016.

  1. cheryl

    cheryl I started this. Staff Member

    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.
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  2. Box Ox

    Box Ox Well-Known Member

    The driver was negligent in not following the 8 Keys of Lifting and Lowering.