Trial News

John Baker, 57, owned a tractor trailer, which he used in his work as an independent contractor truck driver. The trailer, which was purchased new from Cottrell Inc., came with a Green Bull ladder. After loading a vehicle onto the trailer, Baker attempted to descend from the trailer using the ladder, which he had placed on the side of the vehicle. The ladder slipped, and Baker fell approximately 12 feet to the concrete below. He suffered a fractured right leg necessitating numerous surgeries and was unable to work for several years. His past medical expenses totaled $35,000.

Baker sued Cottrell Inc., alleging it failed to provide a safe ladder with the rig. The plaintiff argued that the ladder supplied to him was not new and had exposed metal at the bottom, which led to the slippage. Suit did not claim lost income.

The defense argued that the plaintiff had misused the ladder by not deploying its hooks and had placed the ladder at a shallow angle.

The jury awarded $275,000, finding the plaintiff 50 percent responsible. The parties’ post-trial motions are pending.

Citation: Baker v. Cottrell Inc., No. 1:16CV00840 (E.D. Cal. Sept. 28, 2018).

Plaintiff counsel: Michael Stone-Molloy, Los Angeles; and Brian Wendler, Edwardsville, Ill.