DORA GLASSMAN, APPELLANT,
v.
CUBAN AMERICAN STEAM BOILER CORPORATION, APPELLEE
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Summary judgment for a boiler inspection contractor was reversed because deposition testimony created viable issues of fact regarding the contractor's duty to warn of defective equipment, despite the contractor not having installed the equipment.
A contractor hired to inspect boiler equipment may owe a duty to warn of defects even though it did not install the equipment, and summary judgment is improper when deposition testimony creates factual issues regarding that duty.
[1] A contractor retained to inspect boiler equipment may owe a duty to warn of defects and dangerous conditions even though the contractor did not install the equipment.
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Join FLexlaw to unlock all legal intelligenceGlassman was injured by scalding water from a hotel shower. Cuban American Steam Boiler Corporation had undertaken annual inspections and testing of t…
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PER CURIAM.
The claimant, who was injured by scalding water from a hotel shower, brought this action against the hotel and Cuban American Steam Boiler Corporation. The hotel is not a party to this appeal. In the amended complaint against Cuban Ameri-can, it was alleged that the company had undertaken, on an annual basis, to inspect and test the boiler, temperature gauges, and mixture valves, and knowing of the propensity of the valves to malfunction, breached its duty to the hotel to recommend and advise that the heating and boiler system was antiquated and dangerous. Summary judgment was entered in favor of Cuban American on the undisputed basis that it had not installed the malfunctioning equipment in question.
Nevertheless, the deposition testimony of the principal from Cuban American created viable issues regarding its duty to warn of the defective boiler. See Improved Benevolent & Protected Order of Elks of the World, Inc. v. Delano, 308 So. 2d 615 (Fla. 3d DCA 1975); Barry v. Stevens Equip. Co., 176 Ga.App. 27, 335 S.E. 2d 129 (1985); Levesque v. Fraser Paper Ltd., 159 Me. 131, 189 A. 2d 375 (1963).
Consequently, it was error to enter summary judgment for the company.
Accordingly, the order is reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Improved Benevolent & Protected Order OF Elks OF the World, Inc. v. Delano, 308 So. 2d 615 (Fla. 3d DCA 1975)