Facts

Plaintiff Robert Rubio, a 37-year-old self-employed carpenter and a divorced father of
two teenagers, was performing construction work in an interior room of a private
residence located in Thousand Oaks. Rubio was descending a six-foot seven-step ladder, made by Louisville Ladder Group, when the ladder buckled and fell over. Rubio was thrown to the ground, landing on his right shoulder on the floor’s plywood surface. Rubio was taken to a hospital where he was treated and diagnosed with a
fractured right humerus bone and dislocated right (dominant) shoulder. Rubio sued
Louisville Ladder, Louisville, Ky. for products liability, alleging defective design and manufacture.

PLAINTIFF CONTENTIONS:
Rubio contended that the ladder was defective because
the spreader brace was not strong enough and that it should have been longer and attached lower on the siderails in accordance with the company’s own design standard. Rubio further contended that the injuries caused him continuing pain and limitation of motion, preventing him from working independently and participating in certain sports activities with his children, such as off-road motorcycling.

CONTENTIONS:
Louisville Ladder contended that Rubio failed to
follow specific warnings to keep at least three points of contact on the ladder while
descending. Louisville also contended that a circa-1999 design change called for the
brace to be shortened and raised and that the model in question followed the new
guidelines.

Settlement Discussions

Demand: $200,000; offer: $0.

Specials in Evidence

Rubio claimed $7,492 Rubio sought $44,000 Future meds were claimed at $22,000 for arthroscopic analysis of his shoulder joint to determine the extent of a rotator tear

Damages

Rubio sought $50,000 to $55,000 in noneconomic damages, in addition to the other damages set forth for lost wages and past and future medical costs.

Injuries

Rubio claimed the following injuries: closed reduction; dislocated shoulder; fracture, humerus; fracture, shoulder, physical therapy; and a rotator cuff injury.

Result

The jury returned a verdict for the defense.

Deliberation

two hours.

Poll

10-2

Length

nine days;