On October 1, 2021, Tate Parker purchased a Tricam Industries, Inc. Gorilla articulated extension ladder (Model GLMPXA-14) from Home Depot in Opelika, Alabama. On February 14, 2022, Parker was injured while using his Tricam ladder to access a residential roof for an insurance-related inspection. At the time of the accident at issue, his job duties included inspecting residential roofs that had endured storm damage.
Parker filed suit against Tricam on January 22, 2024, claiming the ladder was defectively manufactured and designed.
Parker identified an expert witness, Barton C. Prorok, Ph.D., to speak to the issue of the cause of the ladder collapse. Prorok opined that the ladder collapsed because one of the upper side rails was twisted, which allowed a rail lock rod to slip out of the locking hole and the ladder to retract with Parker on it.
Tricam filed a motion to exclude the expert testimony of Prorok, attacking his qualifications given his lack of experience in the ladder industry and attacking his methodology which Tricam argued was unreliable, unscientific, and unhelpful.
Materials Science Expert Witness
Barton C. Prorok, Ph.D., is a materials engineer, metallurgist, and chair of the
materials science and engineering department at Auburn University.
He holds a Ph.D. in Materials Science and Engineering from the University of Illinois at Chicago. At Auburn University, he also serves as Director of the Analytical Microscopy Cost Center.
Discussion by the Court
Prorok’s opinions stem, first, from his observation that one of the rails on the subject ladder was twisted upon post-accident inspection. From there, he posits there was a defect in the manufacturing process that caused an upper rail to twist and become distorted. He also believes there is a design defect in the length of the rail lock rods that allowed the rail lock rods to disengage because of the single twisted rail. The combination of the two defects, according to Prorok, caused both upper rails to slip, the upper ladder portion to retract, and the ladder to collapse and fall to the ground.
To begin with, Prorok visually inspected the subject ladder, took measurements, purchased an exemplar ladder for comparison, inspected the site of the accident, and considered eye-witness accounts from Parker and the son of the homeowner.
Analysis
The Court held that Prorok provided no evidence that ladder manufacturers rely on visual inspections or caliper measurements to assess ladder defects. He did not explain how his measurements led to a scientifically reliable methodology. He never conducted tests to determine whether those measurements constituted a defect or unreasonable danger, or caused the ladder collapse. Further, Prorok provided no insight or information supporting his opinion that there was a manufacturing defect that caused the collapse.
Moreocer, he provided no information or opinions about why that twisting could not have occurred for other common sense reasons such as during the ladder’s transit from China to the United States before sale, or during Parker’s storage, and use of the ladder for months on over 100 occasions, or because of the accident itself.
And as to the design defect, Prorok opined that the length of the rail lock rods “is a design flaw that reduces load-carrying capacity, especially when manufacturing variations or normal wear and tear occur.” However, he did not explain what those “manufacturing variations” may be, or what impacts to the ladder there may be from “normal wear and tear.”
As for Prorok’s opinions that the twisting was caused during the metal deformation stage of the manufacturing process, the Court found no evidence about the metal deformation process.
Nor is there any evidence explaining how the upper part of the ladder, post-accident, was observed to be in the fully extended position while the bottom portion was fully retracted if the accident occurred in the manner that Prorok claims it did.
Held
The Court granted Tricam’s motion to exclude the expert testimony of Barton Prorok.
Key Takeaway:
Prorok did not produce any literature, reports, or other documentation to support his contention that the accident occurred in the manner that he claims it did. And he tested none of his opinions. Indeed, he performed no testing to duplicate the conditions or manner in which he claims the collapse occurred.
Case Details:
| Case Caption: | Parker Et Al V. Tricam Industries, Inc. |
| Docket Number: | 3:24cv79 |
| Court Name: | United States District Court, Alabama Middle |
| Order Date: | May 1, 2025 |
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