In
the case of White v. The Home Depot, Inc.,
No. 5:17-cv-4174 (E.D. Pa. May 10, 2018 Leeson, Jr., J.), the court granted Defendants’
Motion for Summary Judgment in Plaintiff’s action for strict liability,
negligence, and breach of warranty due to the Plaintiff’s fall off of a ladder
while painting his bathroom.
According
to the Opinion, the Defendants contended that the Plaintiff tried to move the
ladder while still standing on it. It
was the Plaintiff’s contrary assertion that he did not feel the ladder move
before he fell and that he did not know what happened.
The
court noted that the Plaintiff did not allege that there was any mechanically
wrong with the ladder, its structure or its design.
As
part of these proceedings, the Defendants moved to exclude the testimony of the
Plaintiff’s experts opining that the warnings on the ladder were
inadequate. The court found that this
expert testimony was inadmissible because it did not satisfy the reliability
and fit requirements. According to the
Opinion, the Plaintiff’s expert did not inspect the ladder or the bathroom
floor, did not conduct any witness interviews, and did not reconstruct the
accident or even perform any test on the ladder.
Accordingly,
the court held that the Plaintiffs’ claims failed because no reasonable jury
could conclude that the ladder was defective.
To the contrary, the court stated that the Defendants did warn of the
dangers of the ladder slipping on the surface below and that the Plaintiff knew
or that warning. As the Plaintiff never
testified as to any additional warnings he felt that he needed with respect to
the ladder and otherwise failed to explain while the general warning not to set
the ladder on a loose or slippery surface was inadequate, the court entered
summary judgment.
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