MARGARET ADAMS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARLEM ALFORD CARLSON, DECEASED, APPELLANT,
v.
WARREN RENTAL & SERVICE CENTER, INC., APPELLEE
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Summary judgment for scaffold rental company affirmed where employee fell from scaffold after positioning himself outside protective equipment without using provided safety belts.
A scaffold rental company is not liable for an employee's death when the employee positioned himself in a precarious location outside protective equipment and failed to use provided safety belts.
[1] A scaffold rental company owes no duty to protect an employee from injuries resulting from the employee's own failure to use provided safety equipment and voluntary assum…
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Join FLexlaw to unlock all legal intelligenceWarren Rental rented a scaffold to a painting contractor who subcontracted work on a seven-story hotel. Harlem Carlson, employed by the subcontractor,…
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PER CURIAM.
Warren Rental & Service Center, Inc., rented a scaffold to George Atwell, a painting contractor. Atwell purportedly subcontracted the painting of the San Carlos Hotel, a seven-story building, to Henry Carlson. Harlem Alford Carlson (appellant’s son and Henry’s brother) was employed by Henry, and while spray painting the eaves of the hotel fell to the pavement and died as a result of the injuries suffered. Margaret Adams, decedent’s mother and personal representative, appeals a summary final judgment entered by the trial court in favor of Warren.
Appellant’s theory as to Warren’s liability is that it negligently installed and placed into operation a scaffold that was unsafe and dangerous for persons to use, in that no permanent guard rails were installed on each end. When delivered by Warren and placed into service, the motors were located near each end of the scaffold and served as end rails. Warren delivered, along with the scaffold, two safety belts and two tie back belts. Henry Carlson testified that from time to time he moved the motors inward in order for the painter to get to the very end of the scaffolding. The uncontroverted evidence is that decedent, Harlem Carlson, situated himself outside the motor on the end of the scaffold without utilizing the safety equipment furnished by Warren and, while standing on the lengthwise pipe rails of the scaffold in such a precarious position, lost his balance and fell to the pavement.
The trial court, upon these facts, correctly entered a summary judgment for defendant Warren.
AFFIRMED.
McCORD, C. J., and RAWLS and SMITH, JJ., concur.