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Morejon v. Louisville Ladder, Inc.

United States District Court, S.D. Florida

March 1, 2018

JORGE MOREJON, Plaintiff,
v.
LOUISVILLE LADDER, INC., Defendant.

          ORDER

          JOHN J. O'SULLIVAS UNITED SPATES' MAGISTRATE JUDGE.

         THIS 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).

         BACKGROUND

         On July 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).[1]

         On 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 "Reply").

         This matter is ripe for adjudication.

         FACTS

         On 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[2] on it. SOF at ¶7.

         The 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).[3] The purpose of the ANSI Standards is to provide reasonable safety for life, limb and property. Id. at ¶ 15.

         The ladder included the following warning and instructions:

WARNING
...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 ...

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