No Liability Found for Ladder Falling in Traffic
The driver of a contractor's van claimed wind coming off a field blew off the ladder.
January 27, 2020 at 02:36 PM
1 minute read
MOTOR VEHICLE
ST. LUCIE CIRCUIT COURT
A jury ruled for an air-conditioning company after a 24-foot ladder fell off the roof of its van and onto a roadway, setting off a multi-vehicle accident.
Nicole Tyndall, 34 at the time of the March 2017 accident, claimed injuries to her neck and back. After the ladder fell, she crashed into the rear of a vehicle trying to avoid hitting the ladder and then was rear-ended by a pickup truck. Her lawyer contended the van's driver failed to properly secure the ladder.
The defense claimed a wind gust in an open pasture on Orange Avenue west of downtown Fort Pierce blew the ladder off the top of the van and its driver did not act negligently. The jury found no negligence by the van's driver.
Case: Tyndall v. Advantage Air Conditioning of the Treasure Coast
Case No.: 2017CA000815
Plaintiffs attorneys: Roy Mildner, Mildner & Associates, Fort Pierce, and Mark Packard, Mark Packard Law, Fort Pierce
Defense attorney: Marc Schechter, Robinson Pecaro & Mier, Sunrise
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