Harry's Hardware sued after woman falls from ladder

Michelle Keahey Feb. 29, 2012, 12:36pm

NEW ORLEANS - A Jefferson Parish woman has filed a lawsuit against a local hardware store claiming the store sold her a defective ladder which resulted in her falling.

Sally Janke and Chris Janke filed suit against Babcock Co. Inc., Harry's Hardware Inc., ABC Insurance Co., and XYZ Insurance Co. on May 13, 2011 in Orleans Parish District Court. The defendant removed the case to federal court in New Orleans on Feb. 24.

According to the lawsuit, Sally Janke bought a Babcock, four-foot wooden ladder from Harry's Hardware on May 31, 2010. That same day she attempted to use the ladder and was injured when part of the ladder split. Janke states that she fell and injured her abdominal area and back.

The plaintiffs argue that the accident was caused by the defective manufacture of the ladder, which was unreasonably dangerous in construction or composition, contained inadequate warnings and did not conform to the express warranties of the manufacturer.

The defendants are accused of knowingly selling the ladder with a hidden defect, which made the ladder totally useless.

Janke is seeking an award of general damages for medical expenses, loss of consortium and society, special damages, rescission of the sale of the ladder and return of the purchase price, attorney's fees, and interest.

The plaintiffs are represented by Don R. Beard of Dennis, Bates & Bulen, L.L.P. in Baton Rouge.

U.S. District Judge Nannette Jolivette Brown is assigned to the case.

Case No. 2:12-cv-00513

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