Attorneys Brandon Bohlman and Kent Gummert recently secured a defense verdict following a jury trial involving a premises liability and negligence claim arising from a ladder accident.

The case involved two longtime friends. The plaintiff had volunteered to help the defendant trim branches from a tree on the defendant’s property. During the project, the plaintiff was standing on the defendant’s ladder and using the defendant’s chainsaw to cut tree limbs when a falling branch struck him, causing him to fall approximately 12 feet to the ground. The plaintiff’s head struck the cement surface, and he was transported by helicopter to a trauma center. The plaintiff later alleged significant head and orthopedic injuries.

At trial, the defense focused on the absence of negligence by the defendant and emphasized that the plaintiff voluntarily undertook the activity and assumed the risks inherent in trimming tree limbs from a ladder while using power equipment.

After hearing the evidence and arguments, the jury deliberated for approximately 65 minutes before returning a defense verdict, finding in favor of the defendant.

The verdict highlights the importance of the assumption-of-risk doctrine and reinforces that individuals who voluntarily participate in potentially hazardous activities may bear responsibility for the inherent risks involved.