Note: The parties will have forty (40) minutes per side to argue this case, for a total oral argument time of 80 minutes. 

Harjit Kaur (the Estate) appeals from the trial court’s grant of a motion for judgment on the pleadings filed by Amazon, Inc., et. al, (Amazon), on its wrongful death action against Amazon.  The Estate filed suit after truck driver Harvail Singh Dhillon, who was attempting to deliver goods to Amazon, was killed by an oncoming motorist on a public highway across from Amazon’s fulfillment center.

The Estate argues that although the incident did not occur on Amazon’s premises, it had a duty to provide for Dhillon’s safety because of the dangerous condition it created by failing to provide adequate lighting and signage on its property regarding appropriate entrances to the fulfillment center.  The Estate further maintains that Amazon gratuitously assumed and breached a duty of care by its use of improper signage to direct truck drivers—like Dhillon—on where to enter the fulfillment center. 

In response, Amazon maintains that it owed no duty to protect Dhillon from being struck by motorists on a public highway, and no facts were alleged that it gratuitously undertook a duty to provide for Dhillon’s safety.  Amazon points out that the incident did not occur on its premises, and the Estate alleged no facts that Amazon exerted any control over public property, i.e., the county road.   

The scheduled panelists are Chief Judge Altice, Judge Bailey, and Judge Mathias.