Whitman v. Consolidated Aluminum Corp.

PREWITT, Judge.

Plaintiffs alleged that a ladder manufactured by defendant “buckled, broke and collapsed”, causing plaintiff Arthur Whitman (Arthur) to fall from it and suffer permanent injuries. Plaintiff Darlene Whitman (Darlene) is Arthur’s wife. A label on it said the ladder was “200 pound duty rated”. Arthur testified that he relied on those words on the label in purchasing the ladder from a Wal-Mart store. He testified that there was less than 200 pounds on it when it collapsed. He is a sign painter and was painting a sign above the entrance to a grocery store when the fall occurred.

Plain…