McGrath v. Associated Ready Mixed Concrete
Thomas McGrath appeals from a judgment entered after the trial court granted respondents[1]motion for nonsuit following appellants opening statement.[2] (See Code Civ. Proc., 581c.) Appellant, a truck driver, parked his truck and alighted in the left turn lane of the roadway while waiting to deliver quarry materials to a cement batch plant owned by Lebata and operated by Associated. Ark Leasings truck rolled over appellants foot while he stood in conversation with other drivers in the middle of the street. Appellant contends the trial court erred in ruling respondents owed appellant no duty as a matter of law upon the briefs and record presented. Court affirm.
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