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

cheryl

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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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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.

Some notes from the case:

"While at the University, Moore saw 24 boxes stacked in the UPS pickup area of the University's mail room. The boxes were all approximately the same size and shape. Each box was about the size of a photocopy-paper box. All of the boxes had UPS shipping labels attached. Moore looked at all the shipping labels on the boxes. Each label stated each box weighed 48 pounds.

Moore used a hand truck to move the boxes. Although he encountered shipping labels stating inaccurate weights at least weekly on his route, Moore relied on the weight stated on the shipping labels to determine how he would move the 24 boxes he encountered at the University that day.

Moore lifted four boxes onto his hand truck without incident. Based on his 20 years of experience, he estimated the first four boxes he lifted weighed about 48 pounds each. When he lifted the fifth box, Moore felt pain in his wrist, shoulder, and neck. Based on his 20 years of experience, Moore estimated the fifth box he lifted weighed approximately 70 to 80 pounds. If the shipping label on the fifth box had stated that the box weighed 80 pounds, Moore would have slid the box instead of lifting it and he may have asked for assistance.

Moore filed a workers' compensation claim and received all available workers' compensation benefits for his injuries. Most of his medical bills were paid by his employer's workers' compensation insurer. Workers' compensation doctors ultimately assessed Moore's condition as permanent and stable, and Moore received a cumulative disability rating of 5 percent."

 

Jkloc420

Do you need an air compressor or tire gauge
Some notes from the case:

"While at the University, Moore saw 24 boxes stacked in the UPS pickup area of the University's mail room. The boxes were all approximately the same size and shape. Each box was about the size of a photocopy-paper box. All of the boxes had UPS shipping labels attached. Moore looked at all the shipping labels on the boxes. Each label stated each box weighed 48 pounds.

Moore used a hand truck to move the boxes. Although he encountered shipping labels stating inaccurate weights at least weekly on his route, Moore relied on the weight stated on the shipping labels to determine how he would move the 24 boxes he encountered at the University that day.

Moore lifted four boxes onto his hand truck without incident. Based on his 20 years of experience, he estimated the first four boxes he lifted weighed about 48 pounds each. When he lifted the fifth box, Moore felt pain in his wrist, shoulder, and neck. Based on his 20 years of experience, Moore estimated the fifth box he lifted weighed approximately 70 to 80 pounds. If the shipping label on the fifth box had stated that the box weighed 80 pounds, Moore would have slid the box instead of lifting it and he may have asked for assistance.

Moore filed a workers' compensation claim and received all available workers' compensation benefits for his injuries. Most of his medical bills were paid by his employer's workers' compensation insurer. Workers' compensation doctors ultimately assessed Moore's condition as permanent and stable, and Moore received a cumulative disability rating of 5 percent."

Now you ruined this thread with this
 
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