HOUSTON — A customer is alleging negligence after being struck by a forklift while at a Houston Home Depot.
Constantino Breton filed a complaint July 5 in Harris County District Court against Home Depot USA Inc., and John Doe alleging negligence.
Breton was at the Home Depot on Gulf Freeway in Houston on July 31, 2020, according to his complaint. He alleges that a Home Depot employee who was operating a forklift suddenly struck him and caused him to suffer serious injuries. Breton alleges Home Depot failed to properly screen and test its employees in the safe operation of a forklift and that Doe lacked proper training and qualifications to operate the forklift.
He also alleges Home Depot failed to implement and enforce policies and procedures to operate the forklifts. Breton further alleges that Doe failed to keep a proper lookout, control the speed of the forklift and did not timely apply the brakes or yield the right of way. Breton also alleges Doe did not maintain a clear distance between him and the forklift and failed to use ordinary care. Breton claims as a result of the accident, he suffered pain, impairment, loss of income and incurred medical treatment expenses.
Breton seeks monetary relief of $250,000 or less, interest and all other just relief. He is represented by Allen King, Jr., of Crim & Villalpando PC in Houston.
Harris County District Court case number 2022-40049