ST. LOUIS - A ladder manufacturer is caught in a personal injury and liability lawsuit by a St. Louis woman, according to documents filed last year in the St. Louis County Circuit Court.
Plaintiff Pamela Lee purchased a Telescoping Professional Grade 300-pound-rated ladder from defendant Werner Co. and was using it at a semi-extended state, as the ladder was marketed for intended and safe use, for residential use in November 2016, the lawsuit says.
Lee alleges that the side rail on the ladder yielded and she consequentially lost her balance, falling to the concrete garage floor below.
The plaintiff says she suffered multiple head injuries, fractures, multiple fractured ribs, memory and cognitive issues, a permanent complete loss of her sense of smell and many other serious injuries.
Werner is sued for: one count of strict product liability in a product defect; one count of strict products liability in a failure to warn; one count of breach of express warranty; one count of breach of implied warranty of merchantability; one count of breach of implied warranty of fitness for a particular purpose; negligent design, manufacture, distribution and/or sale; negligent failure to warn; and negligent supplying dangerous instrumentality.
The plaintiff seeks at least $25,000 in restitution. She is represented by Evans and Dixon LLC of St. Louis.
The defendant removed the case to St. Louis federal court on March 11.