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BUILDERS SHORING & SCAF. EQUIP. v. SCHMIDT

Nos. 81-164, 81-253 and 81-207.

411 So.2d 1004 (1982)

BUILDERS SHORING AND SCAFFOLDING EQUIPMENT COMPANY, INC., Appellant/Cross Appellee, v. Lewis SCHMIDT, Appellee/Cross Appellant, and Bil-Jax, Inc., Appellee. Lewis SCHMIDT, Appellant, v. BUILDERS SHORING AND SCAFFOLDING EQUIPMENT COMPANY, INC., et al, Appellees.

District Court of Appeal of Florida, Fifth District.

March 31, 1982.

Attorney(s) appearing for the Case

Roy B. Dalton, Jr., of Dean, Ringers, Morgan & Lawton, Orlando, for appellant Builders.

James C. Fisher, Altamonte Springs, for appellee/appellant/cross-appellant Schmidt.

H. Joseph McGuire of Parker, Johnson, Owen & McGuire, Orlando, for appellee Bil-Jax, Inc.

ORFINGER, Judge.

Appellee Schmidt was injured when he leaned or climbed on a scaffolding cross brace which detached from its frame, causing him to fall. He sued Bil-Jax, Inc., the manufacturer of the scaffolding, and Builders Shoring and Scaffolding Equipment Company, Inc., (Builders), who leased the scaffolding to his employer. Builders crossclaimed against Bil-Jax for indemnity.

Schmidt's cause of action against both defendants was based on separate counts...

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