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BARRETT v. FREDAVID BUILDERS, INC.

454 Pa.Super. 162 (1996)

685 A.2d 129

Edward and Janet BARRETT, Appellants, v. FREDAVID BUILDERS, INC., and Safeguard Roofing Systems, Inc.

Superior Court of Pennsylvania.

Filed October 9, 1996.

Reargument Denied December 10, 1996.

Attorney(s) appearing for the Case

W. James Jakobowske, Philadelphia, for appellants.

Elizabeth F. Walker, King of Prussia, for Fredavid, appellee.

Gregory E. Cassimatis, Harrisburg, for Safeguard, appellee.

Before CAVANAUGH, SAYLOR and HESTER, JJ.

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...

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