SAN DIEGO – A Carlsbad woman alleges she was injured at a home improvement store in Hawaii because of a metal rail in the cart area.
Kathleen Greenberg filed a complaint on May 7 in the U.S. District Court for the Southern District of California against Home Depot U.S.A. Inc. alleging premises liability and negligence.
According to the complaint, the plaintiff alleges that on May 14, 2016, she was shopping at the defendant's location in Kona, Hawaii and fell when her foot was caught under the defective metal rail in the cart storage area. She alleges she suffered severe injuries to her back, ankle, elbow, neck and shoulders, and pain and suffering as a result of the fall.
The plaintiff holds Home Depot U.S.A. Inc. responsible because the defendant allegedly failed to maintain the premises in a safe condition, failed to inspect the premises and failed to warn.
The plaintiff requests a trial by jury and seeks judgment against defendant for actual damages in the amount of $150,000, award of costs of suit, interest, and further relief as the court deems proper. She is represented by Catharine Kroger-Diamond, Marlon D. Campos and Spencer A. Stein of Law Offices of Catharine Kroger-Diamond in Carlsbad.
U.S. District Court for the Southern District of California Case number 3:18-cv-878