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$600,000 • Unsafe Product

While climbing on a ladder on a trailer the truck driver was hauling, his foot slipped off a rung and he began to fall. In an attempt to stop from falling to the ground, the truck driver grabbed onto a rung with his right arm, causing his arm to be injured.

Complete rupture of the insertion of the right biceps tendons required surgical intervention. In addition, he suffered a number of other debilitating conditions including sharp pains that interfere with sleep, numbness, and nerve damage that can have lasting bone and muscle damage effects. His injuries precluded him working as a trucker, causing him to suffer lifetime wage impairment.

Against a strong argument that the claimant was negligent in the manner in which he was climbing from the truck, MD&L was able to show through expert research and opinion that the rungs of the ladder were defectively designed and in violation of industry standards in that an adult foot stepping on to the rung would not permit for adequate balance and a person could easily lose his footing and fall.