Marquez v. XYZ Ladder Co. (Stanislaus Superior Court)
A 10 foot, A frame, fiberglass ladder fell laterally, causing the Plaintiff to fall and suffer serious brain injuries. Plaintiff sued the ladder manufacturer based upon a design defect theory; there was no apparent manufacture defects. Plaintiff asserted that the lateral stability on A frame ladder is inadequate to prevent lateral falls which is the number one cause of ladder accidents. Counsel deposed over 30 witnesses in 6 states, including many individuals who were members of the ANSI committee. In the process of discovery, counsel unearthed what is believed to be the largest private collection of papers on ladders, including ANSI minutes and memoranda, and various manufacturer's design history and testing. During jury selection the case settled.