HOUSTON - After she was allegedly hit by a hydraulic ladder lift at a Home Depot in Katy two years ago, Tucson, Ariz., resident Abigail Bustos has filed a lawsuit.

Bustos launched the litigation against Home Depot U.S.A. Inc. in Harris County District Court in May. The case was transferred to the federal court of the Houston Division of the Eastern District of Texas on Sept. 18.

The plaintiff was a shopper at the defendant's store on June 21, 2011.

She says she was walking in the store when one of its employees moved the lift in question and ran it "directly" into her.

"There was no warning or barrier around the lift," the suit says.

"The defendant created an unsafe condition on its premises by allowing its employee to operate a large piece of equipment without properly securing the area around it."

Home Depot is faulted for:

  • Failing to properly train employees on the proper method of moving equipment;

  • Failing to maintain a proper lookout while operating the hydraulic lift; and

  • Failing to safely operate the hydraulic lift.

Consequently, the complainant seeks unspecified monetary damages.

Attorney Dennis C. Postiglione of Daniel Stark Injury Lawyers in Bryan is representing Bustos.

Case No. 4:13-CV-2757

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