Galena man files personal injury lawsuit filed against Joplin Home Depot

 

A Galena, Kansas man is suing Home Depot in Joplin claiming lumber fell from a metal rack and him him in the head.

In the lawsuit, which was filed Monday in Jasper County Circuit Court, James A. Johnson says he suffered severe injuries. The two-count action alleges premises liability and negligence.

Johnson is represented by Bryan N. Musgrave, Springfield.

(From the petition)

On or about December 28, 2023, at approximately 2:15pm, Plaintiff entered upon the premises owned, occupied or controlled by Defendant herein and which was located at 3110 E 20th St, Joplin, Missouri (hereinafter "the premises"), and plaintiff was then and there engaging in the activities that were in furtherance of the business or pecuniary interests of the Defendant, specifically plaintiff was shopping for lumber.

At said time and place, Plaintiff requested assistance from an employee and agent of Defendant to retrieve some long, heavy lumber for plaintiff. Without warning, the employee of Defendant removed the safety cables from the metal racks and either caused or allowed the heavy lumber to fall and strike Plaintiff in the head, thereby injuring Plaintiff.

At said time and place, Defendant had or allowed to exist upon the said premises a condition which was not reasonable safe, namely heavy unsecured lumber which was able to fall from the shelf and strike customers, namely Plaintiff. 

Defendant allowed this dangerous condition to exist on the premises and in an area where customers shop for merchandise, namely Plaintiff. Defendant negligently failed to warn of, remove, or barricade this dangerous condition, and as a direct and proximate result of Defendant’s failure and omission, Plaintiff sustained severe injury.

Defendant knew or by the exercise of ordinary care could have known about the above-mentioned dangerous condition.

Defendant could have taken action to make the condition reasonably safe, however defendant failed to use ordinary care to remove, warn of, or barricade the dangerous condition so as not to protect others from injury, namely the Plaintiff.

Those injury was described in the petition:

As a direct and proximate result of the Defendant's acts and omissions, Plaintiff sustained severe injury to Plaintiff's head, neck and left elbow. He has suffered all of the above injuries, pain, loss of pleasure, and damages since the date of the accident, suffers them at the present time, and will suffer them in the future, said injuries, pain, and damages being permanent, disabling and progressive.