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California Court Affirms Primary Assumption of Risk Doctrine Bars Delivery Driver’s Negligence
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<blockquote data-quote="cheryl" data-source="post: 1991945" data-attributes="member: 1"><p><a href="http://www.jdsupra.com/legalnews/the-california-court-of-appeal-affirms-12867/" target="_blank"><strong>California Court of Appeal Affirms that the Primary Assumption of Risk Doctrine Bars a Delivery Driver’s Negligence Action Against a Customer - JDSupra</strong></a></p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="cheryl, post: 1991945, member: 1"] [URL='http://www.jdsupra.com/legalnews/the-california-court-of-appeal-affirms-12867/'][B]California Court of Appeal Affirms that the Primary Assumption of Risk Doctrine Bars a Delivery Driver’s Negligence Action Against a Customer - JDSupra[/B][/URL] 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. [/QUOTE]
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