Products Liability Law Reporter

Osvaldo Alicea was painting a fire escape using an aluminum 20-position Gorilla Ladder, model ML-AL 17, designed and manufactured by Tricam Industries, Inc. The ladder’s feet slipped suddenly, causing Alicea to fall. He suffered a fractured right ankle, a compound fracture of the right tibia and fibula, and a lumbar spinal fracture. He underwent surgeries and required inpatient rehabilitation services. He is now permanently disabled.

Alicea sued Gorilla Ladder Co.; Tricam Industries, Inc.; and The Home Depot U.S.A., Inc., alleging failure to warn and defective manufacture and design. The plaintiff claimed that the ladder was defective and unreasonably dangerous because its feet were inadequate to hold it in place during foreseeable use.

The defense countered that the ladder was not defective and that it met industry testing and performance requirements.

The jury awarded $4.25 million for past and future pain and suffering. It apportioned liability at 50% to Tricam Industries, 35% to Home Depot, and 15% to the plaintiff.

Citation: Alicea v. Gorilla Ladder Co., No. 304567/2015E (N.Y. Sup. Ct. Bronx Cnty. Mar. 29, 2024).

Plaintiff counsel: Terrence E. McCartney and Rhett Wallace, both of Rye, N.Y.; and AAJ member Austin T. Osborn, Lenexa, Kan.

Plaintiff expert: James Glancey, mechanical engineering, Milton, Del.