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Hunter v. Werner Co.

The defendant's conduct in failing to produce evidence that its ladders could be damaged if not transported in a certain manner unfairly prejudiced the plaintiff's injury case arising out of a fall from a ladder which broke without warning.

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Dale Hunter sued Werner Company “Werner”, alleging that he was injured when a Werner-manufactured fiberglass ladder he was climbing suddenly broke, hurling him to the ground. Hunter asserted claims for strict liability, negligent design, and failure to warn.1 The trial court awarded summary judgment to Werner on all claims, and Hunter appeals.2 Hunter argues that the evidence was sufficient to show material issues of fact remained on his claim for failure to warn, and that the trial court abused its discretion when it refused to consider a late-filed affidavit in ruling on Werner’s motion for summary judgment. For reasons that follow, we reverse.

On appeal from a grant of summary judgment we view the evidence and the inferences drawn from it in the light most favorable to the nonmoving party.3 A defendant is entitled to summary judgment if the record shows a lack of evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.4 The defendant does not need to affirmatively disprove the plaintiff’s case, but may prevail by pointing to the lack of evidence.5 If the defendant does so, the plaintiff cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact.6 Our review is de novo.7

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