Wilkinson v. Bay Shore Lumber Co.

Opinion

THOMPSON, J.

Plaintiff appeals from a verdict in favor of defendant Bay Shore Lumber, the supplier of a defective board of lumber. Plaintiff, a carpenter, was building an outrigger on the roof of a house when he accidentally stepped on the defective board which broke due to internal dry rot wholly concealed from view. Plaintiff, who fell about 10 to 12 feet to the concrete below, severely injured his left knee. Plaintiff sued defendant, among others, 1 under theories of negligence and strict liability for supplying the defective wood. Plaintiff later abandoned his negligence claim…