Chiappini
Chiappini v. Steinberg
Opinion
Lead Opinion
Shinn, J.
The present action is for damages for personal injuries sustained by plaintiff when he fell from a ladder on the premises of the defendant. It was alleged in the amended complaint that “on May 31, 1957, at the invitation of defendant, Morris Steinberg, and with his express permission, plaintiff was on aforesaid premises; that at de *102 fendant, Morris Steinberg’s, express request, plaintiff was assisting said defendant in cleaning the floor at said premises; that at said time and place, said defendant ordered plaintiff up a ladder to get a scraper to be used in the cleaning of said floor. That when plaintiff was on the said ladder, the ladder slipped and fell to the floor carrying plaintiff crashing to the floor and proximately causing the injuries and damages as hereinafter enumerated.” It was alleged that the floor was maintained in a dangerous, defective and slippery condition and that the lighting was inadequate'; defendant knew or should have known of the condition, failed to warn plaintiff thereof and that the falling of the ladder was due to the negligence of defendant. In a jury trial, verdict and judgment were in favor of defendant and plaintiff appeals.