Paul and Kevin Johnson were injured when a ladder, which supported scaffolding on which they were standing, collapsed.
When they sued the manufacturer and distributor, the Johnsons had a slight problem -- the ladder had been discarded after the incident. Because that critical piece of evidence was missing, the duo had to prove that there was no other cause for the collapse, other than a product related defect.
After reviewing the parties' submissions, the Herkimer County Supreme Court concluded that misuse triggered the fall.
Because the defendants showed that the ladder's rated capacity had been exceeded and that the accident had been caused by the excessive weight placed on the scaffolding, the Appellate Division, Fourth Department, agreed with the lower court's assessment of the case and allowed the dismissal to stand.
To view a copy of the Appellate Division's decision, please use this link: Johnson v. Bauer Corp.