A man who severely injured his penis during a fall off a ladder can move forward with his lawsuit against Home Depot and the equipment’s manufacturer because the case had been thrown out improperly by the previous judge, a federal appeals court ruled.
In 2008, Kurt Stuhlmacher’s parents purchased a ladder from Home Depot so that he could work on the roof of a cabin he was building for them. Stuhlmacher was using the ladder for the first time and had just begun to put together the rafters when the ladder fell, the court documents said. He grabbed on to a rafter for a moment and then fell on the right front rail of the ladder, striking his groin. As a result of the fall, Kurt injured his shoulder.
“The more significant injury, however, was to his penis,” Judge Ann Williams wrote for the three-judge panel. Doctors later diagnosed Stuhlmacher with Peyronie’s disease, “which causes extreme pain during erection and prevents him from having sexual intercourse.”