Moore v. William Jessup UniversityAnnotate this Case
United Parcel Service (UPS) delivery driver, Plaintiff Stephen Moore, was injured when he lifted a box with a shipping label prepared by defendant William Jessup University that inaccurately stated the weight of the box. Moore argued the trial court erred in granting the University summary judgment because the doctrine of primary assumption of risk did not apply where the University increased the risk of injury to Moore by understating the weight of the box and failing to use highlighted tape to mark the box. The trial court concluded the University owed Moore no legal duty of care and that the doctrine of primary assumption of risk barred Moore’s action. After review, the Court of Appeal concluded the trial court was correct in applying the primary assumption of risk doctrine, therefore making summary judgment in favor of the University appropriate.