Lavish v. Archbold Ladder Co.

39 Pa. D. & C.4th 455, 1999 Pa. Dist. & Cnty. Dec. LEXIS 211
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMarch 19, 1999
Docketno. 1760
StatusPublished

This text of 39 Pa. D. & C.4th 455 (Lavish v. Archbold Ladder Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lavish v. Archbold Ladder Co., 39 Pa. D. & C.4th 455, 1999 Pa. Dist. & Cnty. Dec. LEXIS 211 (Pa. Super. Ct. 1999).

Opinion

BERNSTEIN, J.,

Plaintiffs Edward and Catherine Lavish filed this action against defendants Archbold Ladder Company and Goodbuys Inc. d/b/a Mr. Goodbuys on September 15,1995. Plaintiffs sought damages against defendants for products liability, breach of warranty, and negligence resulting from plaintiff Edward Lavish’s fall from a ladder manufactured by defendant Archbold and sold to plaintiffs by defendant Goodbuys. On January 16, 1996, a default judgment was entered in favor of plaintiffs and against defendant Goodbuys.

Trial began on March 9, 1998. On March 16, 1998, a jury rendered a verdict in favor of plaintiffs and against defendants in the amount of $200,000. Following the verdict, defendant Archbold timely filed a motion for post-trial relief, asking this court to grant judgment n.o.v., a new trial, or remittitur.1 On April 15, 1998, this court granted plaintiffs’ petition for delay of damages, molding the verdict to $220,116.50. On December 3, 1998, post-verdict motions were argued. On January [457]*45719,1999, this court granted defendant’s motion for post-trial relief and ordered a new trial as to defendant Archbold only. From this order, plaintiffs timely appealed.

The first issue presented is whether this court erred in allowing plaintiffs’ expert, Dr. Scott A. Snyder, to testify after Dr. Snyder conceded that he was not an expert in wood. The second issue presented is whether this court improperly permitted plaintiffs’ counsel to cross-examine John Hatfield, the former president of Archbold Ladder Company, on prior accidents involving defendant Archbold. For the reasons that follow, the court found Dr. Snyder unqualified to provide expert testimony concerning the critical issues in this case, and the ruling granting a new trial should be affirmed.

In 1988, plaintiff Edward Lavish purchased a standard A-frame wooden ladder, manufactured by defendant Archbold, from defendant Mr. Goodbuys.2 On May 4, 1995, plaintiff used that ladder to remove caulk from newly installed windows on his house.3 While standing on the third step of the ladder and working on the lower left-hand window, the ladder broke and plaintiff fell to the ground.4 He was taken to JFK Hospital where he remained hospitalized until May 6, 1995.5

At trial, plaintiffs’ only expert was Dr. Scott A. Snyder, an expert in mechanical engineering, product design, and failure analysis.6 Dr. Snyder testified that the ladder was defective because of the wood. Dr. Snyder demonstrated the wood to the jury on direct examination:

[458]*458“In addition to the design, the weakness in the design, the wood itself had several characteristics which would make it weaker than a normal piece of wood; one being that, in fact, around this — you can’t really see it on the other side. The grain, which — ideally, you’d love to have straight grain in this design. That would be the strongest piece of wood with the highest strength aligned with the way this is building. This grain deviates from straightness, and even more so on the other side. We can turn this around. I know it’s difficult to see. At this comer, this grain deviation exceeds what would be an acceptable slope, and provides another irregularity around this joint (indicating).
“The second thing is, if you look at the cross-section of this piece, and you follow — you imagine, in a tree growing like this, you follow these growth rings; then you trace these out (indicating). They form an ellipse, rather than a circle. What that’s indicative of is something — a normal tree would grow in a circular growth pattern. Something was stressing in this particular piece of lumber; whether it was a branch growing or the tree was leaning over. What that’s called is compression wood. And the indication of compression wood also means that it was a weaker piece of wood.
“The other evidence of that compression was an exceptionally high density of this piece of wood, way more than average; 30 to 40 percent higher than a typical piece of southern yellow pine. That, alone, with the elliptical growth rings, indicates compression. So that also weakens the design.
“Then the third thing was the choice of lumber cut in this piece. Once again, if you imagine a cross-section of a tree and you’re looking down at it, with the growth rings coming out, there’s a couple ways you can cut it, cut a board out of a tree. One is, you can cut it [459]*459tangent to those growth rings, so you cut it off the top, like that (indicating). What you would see on the side is a sort of grainy cross-section of several growth rings. You can cut it this way, which is called the quarter sawn. The way I just talked about was flat sawn. Quarter sawn would be right through the center, and perpendicular to the growth ring; and you’d see grains like this (indicating). Then there’s in-between cuts, which may refer to rift sawn or bastard sawn. Why that’s relevant is, the degree in this direction, as you — perpendicular to the growth rings out, it’s stronger in that direction than it is tangential to the growth rings. So if you were going to bend the board, you like to bend it into the direction as the growth rings head out, rather than along the circle of growth rings. So the way this wood was cut was actually rift sawn. It was not flat sawn. So that, in fact, also created a weaker piece, in bending that, than you’d like to have, ideally. In fact, many of the ladders inspected — I went out and looked at ladders in stores. And most of the pieces were flat sawn, that I saw in those cases.”7

Dr. Snyder continued to offer detailed testimony on the characteristics of the wood that caused the ladder to break:

“Mr. Reger: . . . could you tell the jury what is compression wood, in English?
“The Witness: It’s basically prestressed wood.
“Mr. Reger: What does that mean?
“The Witness: There’s some external; force acting within the tree or on the tree that — to cause the wood to, essentially, grow with some compressive force on it.
[460]*460“Mr. Reger: Dr. Snyder, is compression wood weaker or stronger than noncompression wood?
“The Witness: It would be weaker.
“Mr. Reger: Now you mentioned something about the growth rings. What is the effect of the growth rings in this particular case upon the strength of the ladder?
“The Witness: the number of growth rings or . . .
“Mr. Reger: Or the growth ring and, actually, the gain deviation as well.
“The Witness: Well the growth rings were just an element or evidence of compression wood; so they point to compression wood. The grain deviation itself, as you know, if I take this grain and, now, essentially tilt it, you can imagine it starts to get weaker.
“You know, if I had a tree grain running like this, essentially, I don’t have my strongest part of the wood aligned, because wood is an orthotropic material; and what that means, in simple terms, is, it has different properties and different directions. So you want the grain aligned with the highest load path.

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Bluebook (online)
39 Pa. D. & C.4th 455, 1999 Pa. Dist. & Cnty. Dec. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavish-v-archbold-ladder-co-pactcomplphilad-1999.