VIRGINIA BEACH — A man is suing Home Depot for $1 million after he says a steel pipe fell on and injured him while he was shopping in a Virginia Beach store.
Gilbert Martinez was returning a plant to the Home Depot located at 2020 Lynnhaven Parkway on June 12, 2015 when an “unsecured” steel pipe fell and hit him, according to documents filed in the Eastern District Court of Virginia.
The pipe caused Martinez “serious and permanent injuries,” including disability, court documents allege.
The extent of Martinez’s injuries are not detailed in court documents, and Southside Daily was unable to reach his lawyer via the phone or email before publication.
Martinez has accused Home Depot of being purposefully negligent, meaning that the store’s staff knew the pipe wasn’t secure but failed to fix it or warn customers of the danger, court documents state.
Martinez is asking for $1 million, as well as medical care coverage, citing the burden brought onto him medical bills, as well as physical and mental pain, permanent disability and the loss of his ability to run his business and earn money.
In response to Martinez’s initial complaint, Home Depot denied all of his allegations but acknowledged that he was in the store on that date. The company has also denied owing him financial payback for his injuries, court documents state.
Home Depot attorney Brian Allen Cafritz declined to comment on the case to Southside Daily.
The suit was filed in federal court on Aug. 10. It was originally filed in Virginia Beach Circuit Court, but was moved to a higher court based on legal jurisdiction.
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