Products Liability Law Reporter

John DeVallee, 38, was using a Werner Co. Model 345 Type II aluminum A-frame step ladder to perform work-related duties. While he was standing on the ladder’s second step, the ladder’s left leg buckled, causing DeVallee to fall. He suffered a fractured right wrist, necessitating several surgeries, including a carpal tunnel release. He has not regained full functioning in his wrist and continues to suffer constant pain in his right hand. His medical expenses were approximately $81,200.

DeVallee sued Werner Co., alleging the ladder had a design defect in that its legs were prone to twisting and racking, which occurs when a user grabs one of the ladder’s side rails, causing one of the rear legs to lift off of the ground. The plaintiff also asserted that the ladder was defective because it failed to provide adequate support and stability. Finally, the plaintiff claimed that the defendant failed to warn users of the racking hazard. Suit did not claim lost income.

The jury awarded approximately $4.79 million.

Citation: DeVallee v. Werner Co., No. 2011-40709-362 (Tex. Dist. Ct. Denton Cnty. Oct. 26, 2018).

Plaintiff counsel: Brian W. Zimmerman and Kasey B. Shivers, both of Houston; Joseph Fisher II and Edward Fisher, both of Beaumont, Texas; and David Cook, Arlington, Texas.

Plaintiff experts: L.D. Ryan, product design, Siloam Springs, Ark.; Ginny Stegent, life care planning, and Susan Garrison, physical medicine, both of Houston; and Michael Doyle, orthopedic surgery, Dallas.

Defense expert: Frederick Bartnicki, product design, Greenville, Pa.