that day. Cleaning the windows was time-consuming because the glass had glue, caulking debris, dirt, and plaster on them which had to be scratched off with a razor. After removing these markings Cockrum washed the window. Washing them involved two trips up and down the ladder. When he was on the ground the ladder was freestanding and had blown over two or three times before the accident.
Cockrum and Jackson had cleaned approximately 15 or 16 eight-foot windowpanes before the accident. He had to move the ladder twice to clean each pane. When the accident occurred, Cockrum felt the wind and the movement of the ladder. He tried to jump from the ladder, but his foot became entangled in a ladder rung. He landed on his hip and sustainedinjuries. The extent of his injuries is not at issue.
The ladder he was using was not defective when the accident occurred. He had used it all day. It had rubber feet. The windy conditions caused the ladder to fall. He had asked Bernstein to provide him a lift, a scaffold, or a "boom" to wash the windows at Diamond-Star, but Bernstein did not want to do so.
Cockrum had washed windows professionally for about 30 years. He had worked for Bernstein's father when he operated Atlas. Bernstein had operated the business for approximately 20 years. When Cockrum's injuries occurred, he had been on the ladder for approximately five minutes before the wind blew it over. When the wind caught the ladder, he was not square on the ladder, but