Legal Opinion

Alaubali v. Rite Aid Corp.

Court of Appeals for the Ninth Circuit

Decided April 1, 2009No. 07-16991Published

1Opinion of the Court

MEMORANDUM***

Salwa Sanany Alaubali and Baraka Sa-nany (“the Alaubalis”) appeal from the district court’s summary judgment in favor of Rite Aid Corporation. Reviewing de novo, see Northrop Grumman Corp. v. Factory Mut. Ins. Co., 538 F.3d 1090, 1094 (9th Cir.2008), we affirm.

The Alaubalis seek to hold Rite Aid liable for negligently entrusting its trailers to a driver employed by Swift Transportation, Inc., a carrier hired by Rite Aid. They allege that the driver’s lack of adequate training caused the death of their decedent, also an employee of Swift.

Under California law, which governs the…

2Cases cited8 opinions

  1. McDonald v. Shell Oil Co.California Supreme Court · 1955
  2. California Service Station & Automobile Repair Ass'n v. American Home Assurance Co.California Court of Appeal · 1998
  3. Allen v. ToledoCalifornia Court of Appeal · 1980
  4. Rosales v. City of Los AngelesCalifornia Court of Appeal · 2000
  5. Greene v. BrooksCalifornia Court of Appeal · 1965

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