Abbate v. Werner Co.
Delaware Superior Court
2012 WL 1413524 (2012)
- Written by Rich Walter, JD
Facts
Mark Abbate (plaintiff) used ladders at work. Werner Company (defendant) manufactured ladders and sold them through merchants such as Lowe’s Home Centers, Inc. (Lowe’s) (defendant). The ladders were labeled safe for use by people weighing up to 250 pounds. Abbate weighed 180 pounds. Abbate’s employer bought a Werner ladder from Lowe’s. At the time, Lowe’s made no representations to Abbate’s employer about the ladder’s suitability for any purpose. Abbate was standing on the ladder when the ladder suddenly gave way. Abbate suffered serious injuries in the ensuing fall. Abbate sued Werner and Lowe’s for damages. Abbate’s evidence included an engineering report that indicated defects in the ladder’s design. Lowe’s moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Witham, J.)
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