Brewster v. Giant Store, Inc.

The plaintiff brought this action of tort and contract for thfe negligent manufacture, inspection and testing of a forty foot aluminum ladder by the defendant Griffith Ladder Mfg. Co., Inc. (Griffith), and for breach of implied warranties of merchantability and fitness for a particular purpose by the defendant Giant Store, Inc. (Giant), vendor of the ladder. There was evidence that the ladder collapsed under the plaintiff (who weighed 265 pounds) as he made his ascent to climb a tree. The expert testimony on behalf of the plaintiff was sufficient to warrant a jury in finding negligence on the…