Portal v. Asencio

On Rehearing Denied

On consideration of the motion for rehearing of plaintiffs/ appellants Marcelino Portal and Rosa Portal, his wife, we withdraw our previously issued opinion and substitute the following opinion:

Marcelino Portal, the plaintiff below, appeals from an adverse final summary judgment in this personal injury action. We affirm.

The plaintiff, an experienced repairman who inspected the ladder himself, stated in his affidavit that he saw nothing wrong with the ladder. The defendant also stated that he did not know of any defect in the ladder. Assuming there was any defect at all, it…