Newill v. Campbell Transportation Co.

MEMORANDUM ORDER

TERRENCE F. McVERRY, Senior District Judge.

Defendant has requested that the Court instruct the jury on the primary duty rule. See Def.’s Proposed Jury Instructions at 2, ECF No. 122. Plaintiff, unsurprisingly, believes that Defendant is not entitled to *767such an instruction because Defendant did not raise the primary duty rule as a defense earlier in the litigation and also because it is inapplicable to the facts of this case. See PL’s Proposed Jury Instructions at 2, EOF No. 121. For the reasons that follow, the Court agrees with Plaintiff. The requested instruction will not be…