Nature of the Case
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Facts
P was an ironworker who was responsible for connecting girts (steel beams in a horizontal position) to clips which were located on columns (steel beams in a vertical position) for a prefabricated building. After each girt was connected, P would then climb higher on the column and connect the next girt by standing on the girt that had just been connected. P was in the process of connecting the third girt, some 10 to 20 feet in the air when the second girt upon which he was standing on came loose, and as a result, P fell to the ground. The clip to which the second girt had been attached had only been tack welded or in other words, welded temporarily until a full filler weld could be made. P suffered injuries to his back and is now unable to perform as an ironworker again and cannot do heavy lifting. P sued D, the girt manufacturer, for negligence, breach of warranty, and strict products liability. P got the verdict but the trial court reduced it in proportion to P’s contributory negligence. P cross-appealed.
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