Diaz v. McMahon

OPINION

DONNELLY, Judge.

Plaintiff Arturo Diaz (employee) appeals from the order of the trial court granting defendants’ motion for summary judgment on both counts of employee's common-law negligence and strict liability claims against his employers (defendants). 1 We discuss whether genuine issues of material fact exist concerning employee’s claim that defendants breached their duty to provide a reasonably safe place to work with respect to the two accidents suffered by employee. We hold that disputed fact issues do exist and therefore reverse. We also take this opportunity to clarify the duty…