Products Liability Law Reporter

Michael Vandivere went to Vertical World, a rock climbing facility. He attached a climbing rope to his harness and began to climb until he was approximately 45 feet off the ground. When he began to descend, the auto-belay device he was using—the Perfect Descent Auto Belay manufactured by C3 Manufacturing—failed to control the rope slack. Vandivere fell to the floor and suffered severe injuries, including a traumatic brain injury, lung injuries, a lacerated bladder, and fractures to his pelvis, arm, and ribs. He underwent multiple surgeries and required a wheelchair for months.

Vandivere and his wife sued C3 Manufacturing, LLC, alleging gross negligence, defective design and manufacturing, and breach of warranty. The plaintiffs also named Vertical World, Inc., alleging breach of express warranty and violation of the state consumer protection law. They asserted that C3 had been aware of defects in the Perfect Descent and sold the equipment despite its history of defective traction springs.

The parties settled for $6 million. C3 Manufacturing paid $5 million, and Vertical World paid the rest.

Citation: Vandivere v. Vertical World, Inc., No. 19-2-27385-2 SEA (Wash. Super. Ct. King Cnty. June 5, 2023).

Plaintiff counsel: AAJ members Darrell Cochran, Andrew Ulmer, Thomas Vertetis, and Kevin Hastings, all of Seattle