Michelle Keahey, East Texas Bureau Mar. 18, 2013, 10:32am

TEXARKANA - A man shopping at a Home Depot has filed a lawsuit against the store claiming that he was injured when he tripped and fell over a concrete paver.

Gary G. Gildon and Francis Dee Gildon filed suit against Home Depot U.S.A. Inc. on Oct. 16 in Bowie County District Court. The defendant removed the case to the Eastern District of Texas, Texarkana Division on March 11.

Gary Gildon was at the Home Depot located in Texarkana for the purpose of purchasing home goods when he tripped and fell over a concrete paver. He claims that the concrete paver was negligently placed and left on the floor which created a dangerous condition.

The defendant is accused of negligence for failing to properly inspect and maintain the flooring area to discover the dangerous condition, failing to maintain the floor in a reasonably safe condition, failing to give adequate and understandable warnings to Gildon of the unsafe condition of the flooring area, failing to remove the hazardous brick causing the slip and fall and for failing to discover and remove the hazardous brick within a reasonable time.

The lawsuit is seeking an award of damages for medical care and expenses, mental anguish, physical pain and suffering, physical impairment, fear of future disease or condition, cost of medical monitoring and prevention, loss of consortium, loss of household services, interest, exemplary damages and court costs.

The plaintiffs are represented by Nicholas H. Patton of Patton, Tidwell & Schroeder LLP in Texarkana. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 5:13-cv-00021

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