After fall, Ohio man alleges ladder was defective

HUNTINGTON – A Newport, Ohio, man is suing Ferro Products Corporation after he says he was injured while on a defective ladder.

Somerset Steel Erection Company, Inc., and Asheboro Machine Shop, Inc., were also named as defendants in the suit.

On April 25, 2011, Daniel L. Hendrix was working on a job site in Milton and was climbing a ladder designed, constructed, assembled, manufactured, sold and/or distributed and inspected by the defendants, according to a complaint filed Feb. 20 in Cabell Circuit Court.

Hendrix claims the ladder was defective in that a weld on a rung of the ladder had not been properly affixed, causing him to fall from the ladder.

As a direct result of the defendants’ defective and dangerous product, Hendrix fell from the ladder and landed on his back, according to the suit.

Hendrix claims he incurred medical expenses totaling approximately $36,384.25.

The defendants “knew full well the manner in which said ladders were intended to be used by the plaintiff and other persons similarly situated,” according to the suit.

Hendrix claims the ladder was not reasonably safe for its intended use when it was put into the stream of commerce by the defendants.

The defendants breached implied and express warranties and caused Hendrix to be seriously injured and damaged, according to the suit.

Hendrix is seeking compensatory damages with pre- and post-judgment interest. He is being represented by James I. Stealey of the Stealey Law Firm and George Zivovich.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-118