Faster Than Now! The Final Word, On the Final Mile - JDSupra
Trip and Fall
A recent manifestation of last-mile delivery litigation was Muzzarelli v. United Parcel Service, Inc.[2017 WL 2786456, 2017 U.S. Dist. LEXIS 99395 (C.D. Ill. June 27, 2017)]. In that case, Plaintiff Muzzarelli brought a personal injury claim arising from a fall that she had when she tripped over a package delivered to her home by UPS. She then filed a common law negligence lawsuit against UPS in state court. UPS removed the case to federal court and filed a motion for summary judgment, asserting Federal Preemption of plaintiff’s claims, and also a defense that plaintiff could not recover because the “risk” was “open and obvious.”
Trip and Fall
A recent manifestation of last-mile delivery litigation was Muzzarelli v. United Parcel Service, Inc.[2017 WL 2786456, 2017 U.S. Dist. LEXIS 99395 (C.D. Ill. June 27, 2017)]. In that case, Plaintiff Muzzarelli brought a personal injury claim arising from a fall that she had when she tripped over a package delivered to her home by UPS. She then filed a common law negligence lawsuit against UPS in state court. UPS removed the case to federal court and filed a motion for summary judgment, asserting Federal Preemption of plaintiff’s claims, and also a defense that plaintiff could not recover because the “risk” was “open and obvious.”
