Terry D. Dixon, Esq. (DeLand/Central FL) (Premises Liability) obtained a Summary Judgment in the case styled Dabkowski, Edward v. Jean Spaulding & Hands with a Mission.
The Plaintiff worked for Hands with a Mission (a contractor) that was hired by the insured to pressure wash and paint her home. As the Plaintiff was climbing down from pressure washing the roof, the ladder (owned by Hands with a Mission) gave way and the Plaintiff fell 2 stories onto the concrete patio. The Plaintiff alleged that the insured was negligent in that she hired a contractor who was not licensed or insured and that the Plaintiff’s patio area was not maintained in a safe condition. Through discovery, we were able to show that there was nothing that the insured could have done to have prevented this incident from occurring. In addition, the Plaintiff testified that he noticed the ladder (brought by him and the owner of Hands with a Mission) did not have rubber stoppers on the bottom. Based on the information we were able to obtain through discovery, a Motion for Summary Judgment was filed on the basis that the insured did not owe a duty to an employee of an Independent Contractor and there was no evidence presented by Plaintiff that substantiated his claim that the insured breached her duty to use reasonable care in maintaining the property in a reasonably safe condition. After hearing arguments from both sides, the Judge granted the Motion for Summary Judgment.