Ladder company: Plaintiff failed to exercise proper caution
|Design Defect, Products Liability - Breach of Warranty, Products Liability - Manufacturing Defect, Affirmative Defenses - Contributory Negligence|
|Sean Glennon v. Wing Enterprises Inc. d/b/a Little Giant Ladder, No. 10-cv-00324-MAS-DEA|
|U.S. District Court, District of New Jersey, Trenton, NJ|
|Michael A. Shipp
- Peter CipparuloIII; Law Offices of Peter Cipparulo, III, LLC; Hillsborough, NJ, for Sean Glennon
- John Gashinski P.E.; Metallurgy; Edison, NJ called by: Peter Cipparulo
- Gregory Lutz M.D.; Pain Management; New York, NY called by: Peter Cipparulo
- Joseph DiRienzo; DiRienzo & DiRienzo; Westfield, NJ, for Wing Enterprises Inc.
- The Hartford for Wing Enterprises
On December 14, 2007, plaintiff Sean Glennon, 50, was attempting to use a ladder at his home in Hillsborough when, according to Glennon, the ladder "fractured" beneath his feet while he was using it. Glennon claimed he fell off of the ladder, sustaining damage to his lumbar spine.
The ladder in question was a Little Giant M26 Ladder, manufactured and sold by Wing Enterprises Inc. (under the business name of Little Giant Ladder.)
Glennon sued Wing Enterprises. His attorney argued that the accident occurred because the ladder was defective as a result of its having been negligently manufactured. These defects, it was contended, caused the ladder to break while Glennon was standing on it.
Glennon's suit also alleged breach of warranty.
The company denied any negligence on its part in the manufacture and sale of the ladder in question. The defense contended that Glennon had been contributorily negligence by failing to exercise due and proper caution while using his Little Giant ladder.
The ladder in question conformed to the relevant standards of manufacture, the defense alleged, and there was no alternative means of constructing the ladder model so that it would be even safer for consumers.
Three hours after the accident, Glennon was transported to Somerset Medical Center in Somerville.
Four years later, Glennon was diagnosed as suffering from a bilateral tear to his lumbar spine, at level L4-5. He never underwent any surgery for his injury, but did undergo physical therapy, which included seven epidural injections and two platelet-rich-plasma injections.
Glennon's suit sought damages for medical costs, pain and suffering, disability, and loss of enjoyment of life. According to counsel for Glennon, Glennon's life has been permanently altered in that he is unable to sit and stand as easily as he once could.
His ability to engage in preferred physical pastimes has also been diminished, as he is allegedly unable to play golf or softball, or to go skiing. He also is no longer able to play Celtic drums, something he used to enjoy doing, it was argued.
The jury rendered a defense verdict, holding that the Little Giant M26 ladder system did not contain a manufacturing defect.
Plaintiff's counsel relates that no decision has been made regarding the filing of post-trial motions.
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.