United States District Court, S.D. Florida
J. O'SULLIVAS UNITED SPATES' MAGISTRATE JUDGE.
MATTER is before the Court on the Defendant's Motion for
Partial Summary Judgment Against Plaintiff and Incorporated
Memorandum of Law (DE# 18, 1/2/18).
10, 2017, the instant action was removed on diversity
jurisdiction to the United States District Court for the
Southern District of Florida. See Notice of Removal
(DE# 1, 7/10/17). The Amended Complaint alleges the following
causes of action against defendant Louisville Ladder, Inc.
(hereinafter "defendant"): strict liability (Count
I) and strict liability (negligence) (Count II). Amended
Complaint (DE# 1-3).
January 2, 2018, the defendant filed a motion for partial
summary judgment and statement of undisputed facts.
See Defendant's Motion for Partial Summary
Judgment Against Plaintiff and Incorporated Memorandum of Law
(DE# 18, 1/2/18) (hereinafter "Motion");
Defendant's Statement of Undisputed Material Facts Filed
in Support of Its Motion for Partial Summary Judgment Against
Plaintiff (DE# 19, 1/2/18) (hereinafter "SOF"). The
plaintiff filed his response on January 30, 2018.
See Plaintiff's Response in Opposition to
Defendant Louisville Ladder, Inc.'s Motion for Partial
Summary Judgment (DE# 23, 1/30/18) (hereinafter
"Response"); Plaintiff's Response to Defendant
Louisville Ladder, Inc.'s Statement of Undisputed
Material Facts and Plaintiff's Statement of Facts in
Opposition to Defendant's Motion for Partial Summary
Judgment (DE# 22, 1/30/18) (hereinafter "RSOF").
The defendant filed its reply on February 6, 2018.
See Defendant's Reply to Plaintiff's
Response in Opposition to Defendant's Motion for Partial
Summary Judgment (DE# 24, 2/6/18) (hereinafter
matter is ripe for adjudication.
October 29, 2015, the plaintiff fell while using a ladder to
descend from the roof of a property. SOF at ¶ 1; RSOF at
¶¶ 1-2. The ladder was manufactured by the
defendant. Id. at ¶ 2. The ladder had been
gifted to the plaintiff by a friend. RSOF at ¶ 7. The
ladder was in good condition and had a warning and
instruction label on it. SOF at ¶7.
label complied with the standards promulgated by the American
National Standards Institute (the "ANSI
Standards"). Id. at ¶ 13. The ANSI
Standards are voluntary. RSOF at ¶ 20. "The ANSI
standards are not concerned with a person getting on or off a
roof from [a] ladder" and "[t]he physical forces
acting on the ladder and contemplated by ANSI testing are
different from the forces acting on the ladder under the
facts of this case." Id. at ¶ 21-22
(citing the Affidavit of Oren Masory). The purpose of
the ANSI Standards is to provide reasonable safety for life,
limb and property. Id. at ¶ 15.
ladder included the following warning and instructions:
...Failure to read and follow instructions on the use of this
product could result in serious personal injury or death.
CONSIDER BEFORE EACH USE
8. Pay close attention to what you are doing.
9. Use this product at your own risk. PROPER SET-UP
AND USE 7. Do not over extend. A minimum overlap of
sections is required as follows:
Ladder size up to and including 32' - 3' overlap...
8. Position ladder against upper support surface. Make sure
ladder does not ...