Odom v. Horticulture Labor Services
Appellant was employed as an electrician by Jafroodi Interests, Inc. (Jafroodi). Jafroodi hired respondent Horticulture Labor Services, LLC (HLS) to install a motorized shade system in greenhouses owned by Jafroodi. Odom received an electrical shock while he was troubleshooting equipment installed by HLS.
Odom and his wife sued HLS and several other parties for personal injury and loss of consortium, alleging general negligence, premises liability, and products liability. The court granted summary judgment to HLS on the basis of the "firefighter's rule" or the "primary assumption of risk" doctrine, finding HLS had no duty to protect Odom from injury as a matter of law. Court conclude that the primary assumption of risk doctrine does not apply and reverse.
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