NEWS - September 2005

Ledgerwood vs. Dial Industrial Sales

Leib & Katt is pleased to announce that Bill Katt successfully defended Dial Industrial Sales in a products liability action in US District Court-Western District of Wisconsin. Dial is a distributor of ladders for use in commercial and residential settings. The plaintiff was an insurance adjuster who was called to investigate a property damage claim on a roof at a home in Madison, Wisconsin. Although pictures later proved she had been on the roof, she was discovered sitting in her car bleeding from the back of the head. There was pool of blood on the driveway along with a ladder sold by Dial.

Plaintiff alleged that a defect in the ladder caused her to be thrown from it, thereby sustaining her injuries. She lost 90% of her hearing in one ear, 70% in another. She suffered from dizziness, thereby ending her employment. She also claimed memory loss. Plaintiff's demand had been over $2 million. The defendants never offered anything in settlement.

Based on arguments and the defense made by Katt, the jury ruled that there was no defect in the ladder and that Dial had no responsibility.