De La Rosa v. Gem Paver Systems, Inc.

FLETCHER, Judge.

Raul De La Rosa appeals a summary judgment in favor of the Gem Paver Systems, Inc. [Gem] in a personal injury action. We reverse.

While he was- making a delivery to Gem’s premises, the solid metal entrance door to the establishment slammed shut on De La Rosa’s left thumb, causing him injury. The door was equipped with a hydraulic closing mechanism which at the time was missing its safety arm, which controlled the door’s closing speed. De La Rosa sued Gem for damages, claiming' negligent maintenance of the door.

Persuaded by Gem’s argument that the second district court’s…