On September 7, 2021, Cristian Lopez-Sierra (“Mr. Lopez-Sierra” or “Plaintiff”), represented by Dax F. Garza, P.C., filed a personal injury lawsuit against Home Depot U.S.A., Inc. and The Home Depot, Inc. (“Defendants”), seeking declaratory relief and damages along with prejudgment and post-judgement interest among other relief for the alleged negligence of the defendants that resulted in injuries to the plaintiff. This case was filed in the United States District Court in the Southern District of Texas.
In the complaint, the plaintiff alleged that, “This lawsuit becomes necessary in order for Cristian Lopez-Sierra to recover a legal debt owed by Defendants in the form of damages he sustained on or about December 20, 2019, while shopping at a Home Depot store” and “At that time, Mr. Lopez-Sierra, a customer, had entered the premises as a business invitee to whom Defendant Home Depot owed the duty to use ordinary care in making its premises reasonably safe and/or warning Mr. Lopez-Sierra of any dangerous conditions and/or activities existing upon the premises.”
The plaintiff further alleged that, “Based on information and belief, on the occasion in question, an employee and/or agent of Defendants caused a box to fall approximately 10-15 feet, striking Mr. Lopez-Sierra” and “As a result of the incident, Plaintiff sustained serious personal injuries resulting in incapacities and damages.”
The plaintiff also alleged that, “At the time of the incident, Defendants directed their employee or agent to position boxes during business hours and in the presence of business invitees. Defendants owed a duty of reasonable care and failed in that duty, resulting in the simultaneous and contemporaneous falling of the box and Mr. Lopez-Sierra’s resulting injuries” and “Defendants knew, or in the exercise of ordinary care, should have known of the unreasonably dangerous condition of the premises caused by boxes stacked in an unreasonably dangerous manner. Defendants owe invitees the duty to inspect the premises to discover latent defects, particularly those of their employees and/or agents’ own making.”
There are two claims of relief laid down by the plaintiff. The first claim is for the alleged negligent activity that resulted in the falling of the box and the resulting injuries of the plaintiff. The second claim is for the alleged premises liability which the defendants owed to the plaintiff.
In its prayer for relief, the plaintiff has requested the court for judgment of the court against the defendants for their damages described above in the full amount allowed by law, together with costs of court, pre-judgment and post-judgment interest, and for relief, both general and special, at law or in equity, to which the plaintiff is justly entitled to receive.
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Pending - Other Pending
Home Depot Inc.
Home Depot U.S.A, Inc.
Dax Frank Garza
Attorney at Dax F Garza PC
3730 Kriby Dr, Ste 250
Houston, TX 77098
(#2) Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Continuation)(Garza, Dax) (Entered: 09/07/2021)
Civil Cover Sheet
(#1) COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-27007182) filed by Christian Lopez-Sierra. (Attachments: #1 Civil Cover Sheet)(Garza, Dax) (Entered: 09/07/2021)
Docket(#2) Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Continuation)(Garza, Dax) (Entered: 09/07/2021)Read MoreRead Less
Docket(#1) COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-27007182) filed by Christian Lopez-Sierra. (Attachments: #1 Civil Cover Sheet)(Garza, Dax) (Entered: 09/07/2021)Read MoreRead Less
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