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SEARS, ROEBUCK & CO. v. McKENZIE

No. 85-2740.

502 So.2d 940 (1987)

SEARS, ROEBUCK & CO., and Keller Industries, Inc., Appellants, v. Alexander McKENZIE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 12, 1987.

Attorney(s) appearing for the Case

McCune, Hiaasen, Crum, Ferris & Gardner and Reed A. Bryan, Ft. Lauderdale, for appellants.

Levine, Busch, Schnepper & Stein, Hershoff & Levy and Jay M. Levy, for appellee.

Before BARKDULL, HENDRY and HUBBART, JJ.

HENDRY, Judge.

This is an appeal from final judgments in a personal injury action awarding damages to plaintiff Alexander McKenzie and taxing costs against defendants, Sears Roebuck & Co. (Sears) and Keller Industries, Inc. (Keller). We affirm based upon the following analysis.

Briefly stated, the facts are as follows. On October 16, 1982, McKenzie was painting a downspout on the premises of his employer, Anthony Leung, using a ladder

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