Gawenda v. Werner Co.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

EDMUNDS, District Judge.

This diversity product liability action comes before the court on Defendant’s motion for summary judgment brought pursuant to Fed.R.Civ.P. 56. Plaintiff Daniel Gawenda, who was injured when he fell from the fourth step of an 8-foot aluminum stepladder allegedly manufactured by Defendant Werner Co., bought suit against Defendant claiming the ladder was defectively designed under theories of negligence and breach of an implied warranty. Specifically, Plaintiff claims the ladder’s rear rails are…