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WEBER v. UNITED PARCEL SERVICE, INC.

No. B153284.

132 Cal.Rptr.2d 412 (2003)

107 Cal.App.4th 801

Gary WEBER, Plaintiff and Appellant, v. UNITED PARCEL SERVICE, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

April 3, 2003.

Attorney(s) appearing for the Case

Law Offices of Cohen & Rudd, Arlan A. Cohen; Goldberg, Katzman & Shipman, and April Strang-Kutay, Harrisburg, PA, for Plaintiff and Appellant.

Morrison & Foerster, Josephine Staton Tucker, and Steven M. Zadravecz, Irvine, for Defendant and Respondent.

DOI TODD, J.

Gary Weber appeals the dismissal of his action for negligence against his former employer, United Parcel Service, Inc. (UPS), after the trial court sustained the demurrer to his first amended complaint without leave to amend. Weber suffered permanent injuries as a result of the growth of a benign brain tumor that was not diagnosed following hearing tests administered by UPS to its employees. The issue presented in this appeal is whether Weber's civil...

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