Preston

Preston v. Up-Right, Inc.

Good Law
1966 Cal. App. LEXIS 1717·243 Cal. App. 2d 636·52 Cal. Rptr. 679
Court of Appeal of CaliforniaJuly 26, 1966Civ. 28601California3,245 words

Opinion

Opinion

Ford, J.

J. — Plaintiff brought this action for damages against the manufacturer of an aluminum alloy scaffold which was approximately ten feet in length, twenty-nine inches in width, and slightly more than seven feet in height. Each of the four legs was mounted on a locking caster wheel. The platform on the scaffold was two feet in width. While plaintiff was engaged in painting a house, he moved the scaffold to a carport over which there was a sunporeh. Finding that he had placed the scaffold so that part of it was under the carport, he pulled it back a short distance, locked each wheel, and put his painting materials on top of the platform. He then placed on the platform an aluminum ladder which was four feet in height and which had rubber cleats under its legs. He rested the unopened ladder at an angle against the parapet wall of the sunporch. While he was thereafter ascending the aluminum ladder for the purpose of going over the wall onto the porch, the scaffold, which was parallel with the building, moved away and he fell to the asphalt driveway, sustaining personal injuries. Plaintiff weighed 200 pounds. The weight of the scaffold was approximately 114 pounds. At the trial plaintiff…

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