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Wood v. United Parcel Service, 2019 UT App 168 (Oct. 18, 2019)

Oct 18, 2019

A driver had backed into a loading dock at the plaintiff’s employer, damaging the dock and a vinyl curtain mounted at the dock.  One week to a month later, the plaintiff was injured when a bracket from the vinyl curtain fell and knocked him down.  The district court granted summary judgment to the driver’s employer on the basis it did not owe a duty to the plaintiff.  Applying B.R. ex rel. Jeffs v. West, 2012 UT 11, 275 P.3d 228 and referencing Restatement (Second) of Torts § 452(b), the court of appeals held that the duty had shifted to the owner of the loading dock facility and, as a result, defendant had no duty to plaintiff at the time of the accident.