In a dramatic legal move, a Texas resident has filed a lawsuit against a major retail corporation and one of its employees following an alleged incident that resulted in severe personal injuries. On January 17, 2025, Jose Cervantes lodged his complaint in the District Court of Harris County, Texas, targeting Home Depot U.S.A., Inc. and Timothy M. Pogue as defendants.
The lawsuit stems from an incident on July 9, 2024, when Cervantes was picking up scaffolding materials at a Home Depot store in Houston. According to the petition, while Cervantes was loading materials into his vehicle from a ramp set up by Home Depot employees, Pogue allegedly left a cart unattended at the top of the ramp. This cart reportedly rolled down and struck Cervantes with significant force, pinning him between his vehicle and the cart and causing serious injuries to his right leg and foot.
Cervantes' legal team argues that the incident was a direct result of negligence on the part of both Pogue and Home Depot. The petition accuses Pogue of failing to follow proper safety procedures, leaving the cart unattended without ensuring it was secure, and not warning Cervantes about potential dangers. Furthermore, it asserts that Home Depot is vicariously liable for Pogue's actions under the doctrine of respondeat superior since he was acting within the scope of his employment during the incident.
The plaintiff is seeking substantial compensation for damages including physical pain and suffering, mental anguish, medical expenses both past and future, lost earning capacity, and exemplary damages due to what they claim is gross negligence by both defendants. The lawsuit demands monetary relief exceeding $1 million as determined by a jury.
Representing Jose Cervantes are attorneys Jason C. Webster, Heidi O. Vicknair, Ryan S. MacLeod, and Brett O. Hargis from Webster Vicknair Macleod law firm based in Houston. The case is filed under Case ID 2025-03617 in Harris County's 152nd Judicial District Court.