John Suayan, Galveston Bureau Sep. 9, 2013, 4:31pm

GALVESTON - A home improvement and construction retailer sued over an elderly man's death from being pinned by the stove at a rented beach house in Galveston was recently non-suited.

The late David Holden Glasser's estate filed a notice of non-suit Aug. 30 into their wrongful death lawsuit, releasing Home Depot USA Inc. from the nearly two-month-old litigation.

Home Depot's dismissal leaves Hudak & Dawson Construction Co. Inc., AB Sea Sales & Rentals Inc., Morgan Anderson and William T. Etheredge III, doing business as Etheredge Property Management, as the remaining defendants.

Glasser's family brought suit last July 10 claiming the 76-year-old died on Jan. 4, 2012, from asphyxiation which was allegedly the result of the incident.

Court documents claim Home Depot and Hudak & Dawson improperly installed the stove and failed to comply with applicable safety codes when designing and constructing the kitchen.

They allege Etheredge, Anderson and AB Sea Sales rented the property to the decedent “when it was not in a tenantable condition and was unreasonably dangerous.”

Records indicate that four of the five defendants, including Home Depot, provided formal responses to the allegations earlier last month.

A non-suit order is purportedly pending.

Attorney Arthur K. Smith of the Law Offices of Arthur K. Smith in Allen represented Home Depot.

Case No. 13-CV-895

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