MAXIME THOMAS AND DIANE THOMAS, APPELLANTS,
v.
PERRY MANUFACTURING, INC., APPELLEE
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An adverse summary final judgment is not a proper vehicle to relieve a plaintiff of their burden to establish causation.
Plaintiff was injured when a scaffold he was working on collapsed. He brought a products liability action against the manufacturer, but the trial cour…
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PER CURIAM.
Máxime Thomas was injured when he fell from a scaffold on which he was working as a wallboard installer. He brought a products liability action against the scaffold manufacturer, Perry Manufacturing, Inc., (Perry), which lawsuit resulted in summary final judgment in favor of the defendant. We reverse.
Although Thomas has photos taken of the scaffold shortly after the accident, the scaffold itself is no longer to be found. Thomas’ expert opined design defects based on those photos, as well as on Perry’s specifications.
Assuming Thomas can persuade a jury that there were indeed design defects, he still must establish that such defects were the cause of his misfortune. West v. Caterpillar Tractor Company, 336 So. 2d 80 (Fla.1976).
We do not envy Thomas that task. The scaffold’s nonavailability places an exceedingly difficult burden on him to eliminate other logical reasons for the scaffold to dislodge him, such as its age, poor maintenance, improper fabrication, just to name a few.
Nevertheless, an adverse summary final judgment is not a proper vehicle with which to relieve Thomas of his burden. DeMesme v. Stephenson, 498 So. 2d 673 (Fla. 1st DCA 1986).
REVERSED and REMANDED for further proceedings consistent herewith.
GLICKSTEIN and GARRETT, JJ., and KAHN, MARTIN D., Associate Judge, concur.
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Billingslee v. City OF Hallandale, 570 So. 2d 1000 (Fla. 4th DCA 1990)…(Fla.1986). Upon a review of the record, we conclude that it was error to enter a directed verdict. The evidence, circumstantial and supporting, taken in the light most favorable to appellant, states a prima facie case. Thomas v. Perry Mfg., Inc., 539 So. 2d 2 (Fla. 4th DCA), rev. denied, 551 So. 2d 462 (1989); Armor Elevator Co. v. Wood, 312 So. 2d 514 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 14 (Fla.1976); McCarthy v. Florida Ladder Co., 295 So. 2d 707 (Fla. 2d DCA 1974); C.R. Bard, Inc. v. Mason, 2…
Authorities Cited
- West v. Caterpillar Tractor Co., Inc., 336 So. 2d 80 (Fla. 1976)
- Darius DeMESME v. Sam E. Stephenson, Jr., M.D., 498 So. 2d 673 (Fla. 1st DCA 1986)