UMILE v. VOLPE

No. 4D12-479.

125 So.3d 231 (2013)

Charles UMILE, Appellant, v. Nicholas VOLPE, Appellee.

District Court of Appeal of Florida, Fourth District.

February 20, 2013.


Attorney(s) appearing for the Case

Richard Kupfer of Richard A. Kupfer, P.A., Delray Beach , and David J. Acher , Fort Lauderdale, for appellant.

Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellee.


LEVINE, J.

The issue presented is whether the trial court erred in granting summary judgment for appellee, where appellant was injured as he attempted to install an attic ladder in appellee's home. We find disputed issues of material fact exist as to whether appellee agreed to assist appellant, and if so, whether appellee negligently failed to assist appellant while he descended a ladder. We reverse and remand.

Appellant had previously worked as a handyman...

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