McCARTHY v. FLORIDA LADDER COMPANY

No. 72-987.

295 So.2d 707 (1974)

William John McCARTHY, Appellant, v. FLORIDA LADDER COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

June 14, 1974.


Attorney(s) appearing for the Case

Law Offices of Robert H. Schultz, Bradenton, for appellant.

W. Robert Mann, of Mann, Fay & Price, Bradenton, for appellee.


McNULTY, Judge.

Appellant sues the manufacturer in implied warranty on account of injuries sustained in a fall from a step ladder occurring while in the course of his employment by an air-conditioning contractor. He has suffered a summary judgment from which he brings this appeal.

Appellant, the sole witness to the accident, testified in deposition that from experience, although he could not read, he recognized the ladder furnished by his employer to be a...

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