# Barrett v. Fredavid Builders, Inc.

> Superior Court of Pennsylvania · October 9, 1996 · 454 Pa. Super. 162

URL: https://www.frixlaw.com/law-library/cases/9751729

## Case

- **Full name:** Edward and Janet BARRETT, Appellants, v. FREDAVID BUILDERS, INC., and Safeguard Roofing Systems, Inc.
- **Court:** Superior Court of Pennsylvania
- **Decided:** October 9, 1996
- **Citations:** 454 Pa. Super. 162; 685 A.2d 129; 1996 Pa. Super. LEXIS 3408
- **Precedential status:** Published
- **Opinion:** Dissent by Cavanaugh
- **Judges:** Cavanaugh, Saylor and Hester
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9751729

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9751729. Public record. Not legal advice.