Zimmerman v. Alexander Andrew, Inc.

OPINION BY BOWES, J.:

James Zimmerman appeals the order granting summary judgment in favor of Alexander Andrew, Inc. t/d/b/a FallTech ("FallTech"). We reverse and remand for further proceedings consistent with this opinion.

In April 2008, Mr. Zimmerman went to the home of his friend, Jim Shanks, to cut down a dead tree at Mr. Shanks's request. When Mr. Zimmerman arrived, Mr. Shanks presented him with a FallTech safety harness to use during the process. Mr. Shanks had obtained the harness from a mutual friend who had purchased it but never used it. For ease of discussion, we include from the…