Opinion

Barrett v. Fredavid Builders, Inc.

  • 454 Pa. Super. 162
  • 685 A.2d 129
  • 1996 Pa. Super. LEXIS 3408
Court
Superior Court of Pennsylvania
Filed
Oct 9, 1996
Status
Published
Author
Cavanaugh
On the bench
Cavanaugh, Saylor and Hester
Cited by
31 cases

requiring evidence to establish “conclusively” that “plaintiff was subjectively aware of the risk”

How later courts described this case

  • requiring evidence to establish “conclusively” that “plaintiff was subjectively aware of the risk”
  • no assumption of the risk where insulation installer working on stilts was not subjectively aware of piece of vinyl siding that caused his injury
  • “Ice always is slippery, and a person walking on ice always runs the risk of slipping and falling.”
  • assumption of risk doctrine applied “only where it is beyond question that the plaintiff voluntarily and knowingly proceeded in the face of an obvious and dangerous condition”

Written by the judges who cited it.

The opinion

CAVANAUGH, Judge,

dissenting.

I respectfully dissent because I would find that appellant voluntarily assumed the risk of walking on two foot stilts on a garage floor that was covered with vinyl siding debris.

Appellant .testified during his deposition that he cleared a path on the garage floor in order to prevent a slip and fall accident. Thus, he was aware of the risk involved in performing his job on a floor covered with debris and he voluntarily attempted to make the area safe. However, he unfortunately failed to remove all of the debris from his work area and, as a result, he fell and was injured.

As such, I would agree with the trial court that appellant voluntarily undertook a known and self-created risk, thereby *169 obviating any duty owed to him by appellees. Accordingly, I would affirm the order granting appellees’ motion for summary judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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