Rivera-Sanchez
Rivera-Sanchez v. Perez CA3
Opinion
Opinion
FACTS
The trial court recounted the undisputed facts in its order granting defendant‟s motion for summary judgment as follows: “On April 22, 2006, decedent, Juan Sanchez, fell from the roof of the residence of Defendant Perez . . . . Prior to the incident, Defendant Perez was informed and believed that there were some areas of dry rot under the eaves on various portions of the roof. The sole cost of the roof repairs was $186.68, which was the cost of supplies purchased by Perez. The decedent had several years of construction experience, including roofing repairs and according to his wife knew how to perform all aspects of construction. On April 22, 2006, the decedent began making roof repairs to Defendant‟s eaves. The decedent used his own tools and ladder to make the repairs, with the exception of one saw which was provided by Defendant Perez. Defendant Perez‟s only assistance in the repairs was handing materials up the ladder. As decedent was familiar with roof repairs, Defendant Perez did not direct the details of the decedent‟s work. Prior to the decedent‟s fall, his wife warned him to be careful because he was near the edge of the roof. Defendant Perez subsequently found the…