Badalamenti v. Simpkiss

The opinion of the court was delivered by

ST. JOHN, J.S.C.

(temporarily assigned).

The primary issue addressed in this appeal is whether the driver of a delivery truck owed a duty of care to an unseen trespasser, who fell off the back of the truck and was injured. We hold that the driver had no duty to inspect the rear of the vehicle for unauthorized riders.

Plaintiffs Anthony Badalamenti and his mother Josephine Bada-lamenti1 appeal from the May 14, 2010 order granting summary judgment to defendants Victor Simpkiss, III, and his employer, COPD Services, Inc. They also appeal from the July 9,…