Crosby woman sues Home Depot over fall at Pearland store

By John Suayan, Galveston Bureau | Sep 9, 2013

GALVESTON - Crosby resident Tessa Brisher has brought a lawsuit against Home Depot U.S.A. Inc. in response to an alleged incident at its Pearland store.

Brisher's suit, which focuses on a fall she claims to have taken, was filed July 22 in Brazoria County District Court.

Galveston federal court received the litigation on Sept. 4.

The plaintiff, who was an employee of Central Garden and Pet Co., explains that she was pulling a pallet jack at the defendant's store on Sept. 20, 2011, when the piece of equipment "malfunctioned" and injured her.

"The jack got stuck causing the plaintiff to fall," the original petition says.

"The defendant caused the injury to the plaintiff as they did not keep the pallet jack in a good operating condition."

Court papers do not show the scope and extent of Brisher's supposed injuries.

Brisher blames Home Depot for:

  • Failing to maintain a safe workplace;

  • Failing to have in place proper rules regarding the safe operation of a pallet jack used at its store;

  • Failing to properly maintain its pallet jack; and

  • Failing to warn third parties, like the plaintiff, of the dangerous condition created by not properly maintaining its pallet jacks.

She insists "this hazard could have been eliminated through proper training, proper implementation of safety procedures, proper inspection and/or proper warning."

Consequently, Brisher seeks unspecified monetary damages.

Attorney Philip J. Orth III of The Linebaugh Law Firm PC in Baytown is representing the complainant.

Case No. 3:13-CV-314

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