Woman struck by overhead security gate sues Home Depot

Jon Campisi Jul. 22, 2011, 4:55pm

A Philadelphia woman who alleges she sustained head injuries after being struck by an overhead security gate at a local Home Depot store is suing the hardware chain.

Attorney Kevin P. Kelly, of the Philadelphia firm Kelly & Herron, P.C., filed the premises liability complaint July 21 at the Philadelphia Court of Common Pleas on behalf of Faith Jackson.

Named as defendants are The Home Depot at 4640 Roosevelt Boulevard in Philadelphia and the store’s parent company, Atlanta, Ga.-based The Home Depot USA, Inc.

According to the lawsuit, Jackson was shopping at the Roosevelt Boulevard store on April 24, 2010, when, while waiting in line at the return counter, she was struck by a falling overhead security gate.

The gate struck Jackson on the head and body, causing various physical injuries.

The lawsuit accuses the defendants of carelessness and negligence for failing to properly inspect the premises, failing to warn shoppers of the dangerous condition that existed at the store and failing to take adequate precautions necessary to provide for the safety of the plaintiff.

As a result of the incident, Jackson sustained “severe bodily injuries,” including, but not limited to, cervical sprain and strain with herniated discs, right shoulder sprain and strain, post-traumatic cephalgia, multiple bruises, lacerations and abrasions and a shock to her nervous system, the lawsuit states.

Jackson has had to spend various sums of money on medical treatment and has been unable to attend to her usual duties, activities and occupations because of her injuries, the suit claims.

Furthermore, Jackson is expected to suffer “excruciating and agonizing pains, aches, mental anguish, humiliation, disfigurement, and limitation, and restrictions of her usual duties, pursuits and pleasures,” the lawsuit contends.

Jackson seeks judgment against the defendants, jointly and severally, in an amount not in excess of $50,000.

The non-jury case is scheduled for an arbitration hearing on March 23, 2012.

The case number is 110702041.

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