April 10, 2009
Scott Mayhugh vs. Stein Mart, Inc., Skinners of Point Meadows, Inc., Dana B. Kenyon Co., and Rink Design Partnership, Inc.

Robert E. Schrader, III, obtained a Summary Judgment in Duval County, Florida on behalf of Dana B. Kenyon Co. The case involved Plaintiff, Scott Mayhugh, who sustained serious injuries when he fell from a ladder while attempting to access the roof of a Stein Mart store to do maintenance work on air conditioning units. The Plaintiff sued Stein Mart (tenant), Skinners of Point Meadows (owner), Dana B. Kenyon (general contractor), and Rink Design (architect) seeking to recover for injuries he sustained in the fall. The Plaintiff alleged negligence on the part of all of the parties as a result of their failure to ensure there was an internal roof access ladder in violation of the local building code. Mr. Schrader moved for Summary Judgment arguing that Dana B. Kenyon had completed construction of the building nine months before the incident, that Skinners of Point Meadows, the owner, had a reasonable opportunity to inspect the building prior to accepting it and that the lack of the internal roof access ladder was a patent condition. As a result, any liability against Dana B. Kenyon was precluded by the "Slavin Doctrine" set forth in Slavin v. Kay, 108 So.2d 462 (Fla. 1958). Ultimately, the Court granted a Summary Judgment in favor of Dana B. Kenyon.