Ericson

Ericson v. Federal Express Corp.

Good Law
162 Cal. App. 4th 1291·2008 Cal. App. LEXIS 732·77 Cal. Rptr. 3d 1
Court of Appeal of CaliforniaMay 14, 2008D049934California6,922 words

Opinion

Opinion

McCONNELL, J.

In this premises liability action, Matthew A. Ericson, who substituted into this appeal after the death of his brother, plaintiff Mark Ericson, appeals a summary judgment for defendants, Federal Express Corporation (Federal Express) and FedEx Ground Package System, Inc. (FedEx Ground). Ericson contends the court erred by determining FedEx had no duty to protect Mark against a third party assault and robbery in its parking lot, based on the lack of prior similar criminal conduct on the premises or other evidence the assault was reasonably foreseeable. Ericson also contends the court erred by finding FedEx’s implementation of some security measures did not increase the risk of harm to Mark or cause his detrimental reliance. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Mark worked for Coast Trucking (Coast), an independent contractor that provided trucking services to FedEx at its terminal on Olson Drive in San Diego. The terminal building is located on a large property, with Federal Express occupying the east side of the parking lot and FedEx Ground occupying the west side of the parking lot. There are driveways on the east and west sides of the building, and…

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