Papi Express, Inc. v. Dosal Tobacco Corp.

SHEVTN, Judge.

Papi Express, Inc., appeals a summary final judgment entered in favor of Dosal Tobacco Corp. Papi Express agreed to deliver Dosal’s goods to customers. The goods were stolen from the delivery truck. The trial court entered a summary final judgment awarding damages to Dosal. We reverse. There are genuine issues of material fact that remain unresolved.

At the outset, we disagree with the trial court’s ruling that “[t]he relationship is not that of bailor and bailee wherein bailor deposits its goods with bailee for their ultimate return to bailor. Rather, the parties contracted for…