ALLENTOWN – A Pennsylvania man who fell off a ladder on the job and sustained a litany of serious injuries has filed suit against the ladder manufacturer, Home Depot and Lowe’s, seeking product liability-related damages.
Wilben Gonzalez of Reading initially filed suit in the Philadelphia County Court of Common Pleas on Dec. 30 versus New Werner Holding Co., Inc. and Werner Co. (doing business as “New Werner Co.”) of Greenville, Home Depot, Inc. (doing business as “The Home Depot”) and Lowe’s Companies, Inc. (doing business as “Lowe’s Home Centers”), both of Philadelphia.
“Prior to Oct. 28, 2019, New Werner Holding and/or Werner designed, manufactured, assembled and/or distributed the subject ladder, a 32-foot aluminum extension ladder. New Werner Holding and/or Werner sold the ladder to Home Depot. The transaction between New Werner Holding and/or Werner and Home Depot took place in Pennsylvania,” the suit states.
“In the alternative, New Werner Holding and/or Werner sold the ladder to Lowe’s. The transaction between New Werner Holding and/or Werner and Lowe’s took place in Pennsylvania. Prior to Oct. 28, 2019, Home Depot sold the subject ladder to plaintiff in Pennsylvania. Alternatively, prior to Oct. 28, 2019, Lowe’s sold the subject ladder to plaintiff in Pennsylvania.”
Gonzalez later brought the ladder to his job site.
“On or about Oct. 28, 2019, plaintiff ascended the subject ladder to reach a roof at a job site. While the ladder was extended and leaning against the roof, plaintiff began to descend back down the ladder, at which point the top portion of the ladder slid down, retracted and/or telescoped. Due to the sliding/retracting/telescoping, plaintiff fell to the ground, suffering serious injuries. The accident was caused by the negligence of each of the defendants, and plaintiff brings this action to recover against them jointly and severally,” per the suit.
“Solely as a result of the negligence of the defendants, plaintiff was caused to suffer various physical injuries, including but not limited to, contusions of the head and lumbar and thoracic spine, concussion and post-concussion syndrome, post-traumatic headaches, left comminuted displaced fracture of lateral malleolus and intra-articular fracture of posterior malleolus with mild impaction and displacement, left distal fibular and tibial fractures requiring open reduction internal fixation of the distal fibula with a side plate and screws, right hand laceration requiring stitches, strain of the muscles and tendons of the left and right rotator cuff, scarring, disfigurement and injuries to the nerves and nervous system.”
The suit accuses the defendants of negligently selling the ladder, despite its alleged defects and providing no warning to customers about same.
On April 1, the defendants filed to remove the case to the U.S. District Court for the Eastern District of Pennsylvania, citing the amount in controversy being likely to exceed the federal court threshold of $75,000 and factual diversity of citizenship between the parties.
It pointed to the Werner defendants being based in Itasca, Ill., the Home Depot defendants being based in Atlanta, Ga. and the Lowe’s defendants being based in Mooresville, N.C., as support for this argument.
For counts of negligence, product liability and breach of warranty, the plaintiff is seeking damages, jointly and severally, in excess of $50,000 and in excess of the amount requiring compulsory arbitration.
The plaintiff is represented by Gerald B. Baldino Jr. of Sacchetta & Baldino, in Media.
The Werner defendants are represented by Michael J. Dunn of the Law Offices of Michael J. Dunn, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:21-cv-01549
Philadelphia County Court of Common Pleas case 201201792
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com