Woman sues manufacturer after ladder breaks

Michelle Massey, East Texas Bureau Jun. 21, 2010, 7:47am

MARSHALL-A Stephenville woman has filed a lawsuit against the manufacturer of a ladder that broke while she was using it, causing her to fall and sustain serious injuries.

Linda Miller filed suit against Werner Co. on June 11 in the Eastern District of Texas, Marshall Division.

Miller states on June 30, 2008, she was making repairs on her daughter-in-law's property in Nacogdoches when suddenly the cross brace of the ladder broke, causing her to fall off the ladder and sustain "serious debilitating injuries."

Miller argues that the ladder was defective and unsafe for its intended purpose at the time it left the control of Werner.

Werner is accused of negligence for failing to have adequate support systems attached for the purposes of reinforcement, failing to have sufficient bracing to support the ladder, failure of the ladder's equipment, failing to inspect and maintain the ladder, and failing to properly warn about the condition of the ladder.

Miller is seeking damages for medical care and expenses, physical pain and suffering, physical impairment, loss of earnings, loss of earning capacity, loss of household services, mental anguish and interest, court costs and exemplary damages.

Nacogdoches attorney Reese P. Andrews is representing Miller.

U.S. District Judge David Folsom is assigned to the case.

Case No. 2:10cv00197

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