Frey v. Sinkola, Inc.

Carley, Chief Judge.

In 1979, appellee-defendant Sinkola, Inc., constructed a house with an attached wooden deck. Some seven years later, the owners of the house hired appellant-plaintiff Morris Frey to install gutters. While engaged in doing so, Frey had occasion to lean a ladder against the side of the wooden deck. As he scaled the ladder, the deck pulled away from its attachment to the house. The deck, the ladder and Frey fell to the ground. As the result of this incident, Frey and his wife brought the instant tort action against appellee. The case was tried before a jury and a verdict in…