Stephens v. Bashas' Inc.

OPINION

PATTERSON, Judge.

This appeal concerns whether a business had any duty to a truck driver delivering goods to that business whose injury occurred while he was standing in the adjacent street preparing to unload. We reverse the summary judgment order entered by the trial court on the Appellee’s behalf.

I. FACTS AND PROCEDURAL HISTORY

The facts viewed in the light most favorable to the party opposing the motion for summary judgment, Nelson v. Phoenix Resort Corp., 181 Ariz. 188, 191, 888 P.2d 1375, 1378 (App.1994), are as follows:

Appellant Daymon Stephens (Stephens) was hired to drive a load…