Summary Judgment: Middle District of Alabama (Products Liability)

Birmingham Partner Hugh Harris recently obtained summary judgment in a products liability case, originally filed in state court then removed to the U.S. District Court for the Middle District of Alabama.

We served as local counsel for a ladder manufacturer in this case in which Plaintiff fell from the ladder during his course of work examining the roof of a house. Plaintiff alleged significant injuries that required surgery and extensive physical rehabilitation. He filed suit against our client, alleging that the locking mechanisms on the ladder failed, which led to his fall and subsequent injuries.

Plaintiff put forth an expert that speculated as to potential design flaws in the ladder, but ultimately was not able to provide any actual scientific evidence of a manufacturing defect. Extensive testing of the ladder by defense experts showed undisputed evidence that Plaintiff’s primary theory of liability was inconsistent with the facts surrounding the incident. As such, we argued that Plaintiff’s expert should be struck and that Plaintiff was incapable of meeting the requisite burden of proof. The Court granted summary judgment in our client’s favor, resulting in a complete dismissal.