Wilson

Defendant R. D. Werner Company, Inc., appeals from an order granting a motion by plaintiff Carl Wilson for new trial on the issue of damages in this action for personal injuries suffered in a fall involving a metal ladder manufactured by the Werner company. Wilson has taken a precautionary cross-appeal from the judgment.

Wilson (hereinafter respondent) sustained fractures of his right elbow and both wrists when a 24-foot aluminum extension ladder, on which he was standing and painting, moved or twisted and then slid and fell from the building against which it was placed. The ladder was manufactured by the Werner Company (hereinafter appellant).

Respondent underwent surgery to remove a bone fragment from his elbow and to reattach certain muscles. The right wrist fracture required insertion of wires to hold fragments of bone in place. Both of respondent’s arms were placed in casts from his fingers to his shoulders. He was hospitalized for 10 days. X-rays taken several weeks before trial revealed narrowing of the joint spaces in both wrists. Respondent has suffered substantial and permanent impairment of function as a result of his injuries.

The jury awarded respondent…