Iviricu v. Velasco

• Decision Date: 13 March 1996
• Docket Number: No. 95-950,95-950
• Citation: 669 So.2d 337
• Court: Florida District Court of Appeals
• Parties: 21 Fla. L. Weekly D620 Francisca IVIRICU, Appellant, v. Rolando VELASCO, et al., Appellees.

Page 337

669 So.2d 337

21 Fla. L. Weekly D620

Francisca IVIRICU, Appellant, v.Rolando VELASCO, et al., Appellees.

No. 95-950.

District Court of Appeal of Florida, Third District.

March 13, 1996.

An Appeal from the Circuit Court for Dade County, Alan L. Postman, Judge.No. 94-6001.

Arnold R. Ginsberg and Todd R. Schwartz, Miami, Marcos A. Gonzalez-Balboa, for appellant.

Kubicki, Draper and Elizabeth M. Rodriguez, Miami, for appellees.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.

SCHWARTZ, Chief Judge.

The plaintiffappellant is a household employee of the defendants.She was injured attempting to clean a piece of furniture while standing in a precarious position on a bed.She stated that she had requested but been refused the use of a step ladder which would have made the task safe to perform.The defense summary judgment entered below is reversed because the record presents a triable issue as to whether the employers breached their duty to provide the plaintiff with a reasonably safe place in, and reasonably safe tools and equipment with which to work.SeeZygmont v. Smith, 548 So.2d 902(Fla. 1st DCA1989);Dearing v. Reese, 519 So.2d 761(Fla. 1st DCA1988);Barker v. Osman, 340 So.2d 965(Fla. 3d DCA1976), and cases cited;Westberry v. Great Atl. & Pac. Tea Co., 191 So.2d 613(Fla. 3d DCA1966), cert. denied, 200 So.2d 811(Fla.1967).