![United Parcel Service [UPS] delivery driver](https://www.mellorlawfirm.com/wp-content/uploads/2016/02/United-Parcel-Service-UPS-delivery-driver-300x175.jpg)
Plaintiff, a United Parcel Service [UPS] delivery driver, was injured when he lifted a box with a shipping label prepared by a university that inaccurately stated the weight on the box. Concluding the university owed no duty to plaintiff and that the doctrine of primary assumption of the risk applies, the trial court granted summary judgment to the defendant. “[P]rimary assumption of the risk doctrine applies and bars [plaintiff’s] negligence action, and we need not discuss whether the University owed [plaintiff] a duty of care under the factors set forth in Rowland v. Christian [(1968) 69 Cal.2d 108 [70 Cal.Rptr. 97, 443 P.2d 561].” (Moore v. William Jessup University, December 28, 2015.) (Moore v. William Jessup University (Cal. App. Third Dist.; December 28, 2015) 243 Cal.App.4th 427 [197 Cal.Rptr.3d 51].)Expansion Of The Doctrine Of Primary Assumption Of The Risk.
Plaintiff, a United Parcel Service [UPS] delivery driver, was injured when he lifted a box with a shipping label prepared by a university that inaccurately stated the weight on the box. Concluding the university owed no duty to plaintiff and that the doctrine of primary assumption of the risk applies, the trial court granted summary judgment to the defendant. “[P]rimary assumption of the risk doctrine applies and bars [plaintiff’s] negligence action, and we need not discuss whether the University owed [plaintiff] a duty of care under the factors set forth in Rowland v. Christian [(1968) 69 Cal.2d 108 [70 Cal.Rptr. 97, 443 P.2d 561].” (Moore v. William Jessup University, December 28, 2015.) (Moore v. William Jessup University (Cal. App. Third Dist.; December 28, 2015) 243 Cal.App.4th 427 [197 Cal.Rptr.3d 51].)