Barkin v. Board of Optometry

Defendant, Standard Brands Paint Co. (Standard Brands), appeals from a wrongful death judgment in favor of the widow and minor son of Orville Johnson who died from injuries sustained in a fall from a ladder while performing work in a building as an independent plumbing contractor. Just prior to the accident he was standing on a stepladder and another workman was nearby on an aluminum extension ladder which had been purchased from one of defendant Standard Brands stores. Plaintiffs alleged the extension ladder had been defectively designed and that the defect caused its legs to slip away from the wall and strike and overturn the stepladder on which decedent was standing. The cause was submitted to the jury solely on the doctrine of strict liability. The verdict was against Standard Brands and judgment was entered thereon.