Barrett v. Lowe's Home Centers, Inc.

¶1 Shirley Barrett was injured by falling boxes while watching John McDowell, a Lowe’s employee, unload the trailer she had delivered. She sued both Lowe’s and McDowell for negligence. The trial court granted summary judgment in favor of Lowe’s.1 Barrett appeals, arguing that the trial court erred by concluding that implied primary assumption of risk applied to bar her recovery. Because Barrett did not assume the risk of McDowell’s negligence in unloading the trailer, we reverse the trial *4court’s summary judgment order and remand for further proceedings.

FACTS

¶2 Barrett, a long-haul truck…