Shopper sues Home Depot after tripping over pallet left in middle of aisle

Michelle Keahey, East Texas Bureau Mar. 18, 2013, 10:16am

SHERMAN - A Home Depot shopper has filed a lawsuit claiming she suffered disabling injuries after tripping over a pallet that was left in the middle of an aisle. 

Sandra Slack Patrick filed suit against Home Depot U.S.A. Inc., doing business as The Home Depot, on Sept. 12 in Smith County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on March 13.

Patrick states she was injured on Sept. 29, 2010, when she was shopping at a Home Depot in Tyler and tripped over a pallet that was in the middle of an aisle. According to the lawsuit, she suffered a contusion to her head, injuries to her left arm, right foot and broken orbital bone in her eye.

The defendant is accused of negligence for failing to properly inspect and maintain the area to discover the dangerous condition, failing to maintain the aisle in a reasonable and safe condition, failing to remove the pallet from the aisle, stacking items in the aisle in an unsafe manner, storing items in the aisle in an unsafe manner, displaying items in the aisle in a manner as to cause a dangerous condition while obstructing the customers’ walk way, and for displaying and/or advertising items within the aisle way in an unsafe manner.

The plaintiff is seeking an award of damages for disability, disfigurement, physical and mental pain, suffering and anguish, medical expenses, interest and court costs.

Patrick is represented by Philip D. Alexander of Curtis, Alexander, McCampbell & Morris P.C. in Emory.

A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.


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