Woman sues after twisting knee while running from forklift

Michelle Massey, East Texas Bureau Nov. 18, 2008, 5:37am

MARSHALL � When she walked into a Home Depot store in Frisco, Texas, Pamela Gray noticed a forklift backing up towards her.

Gray says while she was quickly moving out of the way of the approaching forklift, she twisted her right knee, tearing her right meniscus.

Gray said she believes Home Depot's negligence caused her knee injury.

Continuing to suffer from her knee injuries, Pamela Gray and her husband Tom Gray filed a personal injury lawsuit against Home Depot on Nov 13 in the Marshall Division of the Eastern District of Texas.

The plaintiffs allege defendant Home Depot is negligent for failing to keep the store in a relatively safe condition and free of hazards.

The complaint also alleges the defendant is negligent for failing to stop or properly inspect the dangerous condition presented by the forklift backing up in an area with pedestrians, failing to warn customers of the dangerous condition, failing to properly train its employees to create safe conditions, and failure to implement or enforce policies for safer conditions.

Arguing Home Depot's actions constitute gross negligence, the complaint states "the entire want of care that said acts and/or omissions were the result of actual conscious indifference to the rights, safety, and/or welfare of plaintiff Pamela Gray."

The Crawford, Texas, residents are seeking damages for physical pain, mental anguish, physical impairment, medical expenses, lost wages, disfigurement, loss of consortium, loss of services and court costs.

Dallas attorneys Amy K. Witherite, Brian A. Eberstein, and Shelly T. Greco of the law firm Eberstein and Witherite LLP are representing the plaintiffs.

U.S. District David Folsom is assigned to the litigation.

Jury trial is requested.

Case No: 2:2008cv00442

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