Sanders v. Odilia's Express, Inc.

2017 Super. Lexis 317 (June 23, 2017)

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Nature of the Case

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Facts

Sanders (P) was a professional beekeeper working for Harvey's Honey. During the two years that P worked as a beekeeper, he has been stung by bees approximately one hundred times. Steve Eisele and Pollination US, Inc. (Ds) hired a tractor-trailer owned by D and operated by Adolfo Guerra (D) to transport approximately 400 beehives through Delaware. The tractor-trailer overturned and the bees escaped. P's Employer was contracted to help salvage the bees. P and three co-workers were sent to the accident scene to do the work. P wore his normal working clothes, including a netted hat, a long-sleeved shirt, a pair of gloves, and pants. P also duct taping his pants and waist and put on another shirt. P worked for three hours salvaging the bees despite being continuously stung. As a result of the stings, P developed a permanent venom allergy and was forced to abandon his career as a beekeeper. P sued Ds that they were negligent in loading and transporting the bees and Defendants were engaged in an 'ultra-hazardous' activity such that they are strictly liable. Ds moved to dismiss under Rule 12(b)(6), which were denied by the Court. The Court ordered limited discovery on the issue of primary assumption of the risk. Ds seek summary judgment.