Hunter v. Werner Co.

Ruffin, Presiding Judge.

Dale Hunter sued Werner Company (“Werner”), alleging that he was injured when a Werner-manufactured fiberglass ladder he was climbing suddenly broke, hurling him to the ground. Hunter asserted claims for strict liability, negligent design, and failure to warn. The trial court awarded summary judgment to Werner on all claims, and Hunter appeals. Hunter argues that the evidence was sufficient to show material issues of fact remained on his claim for failure to warn, and that the trial court abused its discretion when it refused to consider a late-filed affidavit in…