HOUSTON - After injuring one of his digits loading a cart with bags of garden soil at a hardware store near his residence, Montgomery County resident Ed Tchamanzar seeks damages.
Tchamanzar filed a lawsuit against Home Depot U.S.A. Inc., Miracle-Gro Lawn Products Inc. and The Scotts Co. LLC in Montgomery County District Court on May 28.
The Houston Division of the Southern District of Texas received the litigation on July 2.
Court papers explain that the plaintiff was shopping at The Home Depot in Conroe on June 11, 2011, when the alleged incident occurred.
As Tchamanzar was putting bags of Miracle-Gro Garden Soil into his cart, according to the original petition, he "unknowingly inserted his left middle finger into a pre-existing opening in a bag of the product."
The complainant placed the heavy bag onto the cart, and the "entire weight of the contents of the bag came to bear on his left middle finger," the suit says.
"Based on his observations, it appeared to Mr. Tchamanzar that the cut in the bag was created by partially removing the plastic shrink wrap covering the palletized product."
Tchamanzar insists the subject event happened because The Home Depot provided no warning, adding the store "has refused to accept any responsibility."
He points out that Scotts and Miracle-Gro are deflecting blame as well.
A jury trial is requested.
Attorney Michael Howell of the Howell Law Firm in Houston is representing the complainant.
Case No. 4:13-CV-1936