Barrett v. Fredavid Builders, Inc.

HESTER, Judge:

Edward and Janet Barrett appeal the October 31, 1995 order wherein the trial court granted summary judgment to appellees, Fredavid Builders, Inc. (“Fredavid”) and Safeguard Roofing Systems, Inc. (“Safeguard”). The trial court granted summary judgment based upon its conclusion that Mr. Barrett voluntarily assumed the risk of his injuries. We reverse.

Appellants instituted this action to recover for injuries which they sustained as a result of a fall which Mr. Barrett suffered on October 25, 1990. Mr. Barrett fell while working as an insulator for Premier Insulation Company at a…