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Langston v. The Home Depot U. S. A. Inc.

There was no evidence that defendant should have foreseen that its customer would step on and break the lowest shelf of a store display in an attempt to reach flowers on the top shelf.

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Ms. Elizabeth B. Langston, plaintiff, sued Home Depot U. S. A., Inc., defendant, for injuries that she sustained as a customer in its store when she stepped on the lower shelf of a display support which gave way when she reached for red impatiens five feet up and out of her reach on the top shelf of the display. After filing an answer, defendant moved for summary judgment, showing that it lacked knowledge of a hidden defect on the premises, which motion was granted. We affirm.

The incident occurred on May 19, 1998, when the plaintiff, went to a Home Depot Store to purchase flowers. The display shelf in issuewas constructed from two one-half inch thick six foot panels of pre-fabricated wood fencing, resting on concrete blocks. When she placed her right foot on the display shelf to balance herself as she reached up, the board broke, and her foot went to the concrete floor, injuring her.

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