Fiberboards are stacked vertically and fall on customer.
The Case
- Case Name: Gerald Dunn v. Home Depot USA Inc.
- Court and Case Number: Los Angeles County Superior Court / 22STCV19510
- Date of Verdict or Judgment: Wednesday, November 26, 2025
- Date Action was Filed: Wednesday, June 15, 2022
- Type of Case: Dangerous Condition Private Property, Falling Object Accident
- Judge or Arbitrator(s): Hon. Stephen P. Levenas
- Plaintiffs:
Gerald Dunn
- Defendants:
Home Depot USA Inc.
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $4,194,000
- Economic Damages:Past economic: $269,000
- Future loss of earning capacity: $575,000
- Non-Economic Damages:Past: $1,500,000
- Future: $1,850,000
- Trial or Arbitration Time: November 10 - November 26, 2025
- Jury Deliberation Time: 1 1/2 days
The Attorneys
- Attorney for the Plaintiff:
Greene Broillet & Wheeler, LLP by Alan Van Gelder and Christian Nickerson, El Segundo.
- Attorney for the Defendant:
Goodman Neuman Hamilton LLP by Joshua Goodman, San Francisco.
Ivie McNeill Wyatt Purcell & Diggs by Marie Maurice, Los Angeles.
The Experts
- Plaintiff’s Medical Expert(s):
Marissa Chang, M.D., neurology.
Bradley Jabour, M.D., neuro-radiology.
William Stetson, M.D., orthopedics.
Jeffrey Schaeffer, Ph.D., neuro-psychology.
- Defendant's Medical Expert(s):Dean Delis, Ph.D., neuro-psychology.Scott Foreman, M.D., orthopedics.
- Valeri Yarema, M.D., nerology.
- Michael Brant-Zawadzki, M.D., neuro-radiology.
- Plaintiff's Technical Expert(s):
Peter Formuzis, Ph.D., economics.
Rami Hashish, Ph.D., biomechanics.
- Defendant's Technical Expert(s):
Mohammed Attarod, biomechanics.
Facts and Background
- Facts and Background:On April 1, 2022, the plaintiff, a 65-year-old television production designer (including The Conners and Fuller House), was struck by approximately 200 pounds of vertically stacked medium-density fiberboard (MDF) at the North Hollywood Home Depot.Home Depot initially denied liability but admitted full liability shortly before trial, leaving causation and damages for the jury.
- The MDF boards, which Home Depot displayed close to vertical without the required safety-cable protection, fell onto plaintiff as he attempted to measure one sheet. There was a safety cable available, but it had been detached, leaving the fiberboard unprotected.
- Plaintiff's Contentions:That Home Depot knowingly created a dangerous condition by stacking MDF boards nearly vertically without maintaining a required safety cable system, despite acknowledging that detached cables are a recurring, foreseeable hazard in stores frequented by families and children.The plaintiffs argued that Dunn suffered a mild traumatic brain injury, emotional and cognitive impairment, and loss of earning capacity, demonstrated by turning down a high-profile television assignment and significant post-injury changes corroborated by witnesses and medical experts.
- The plaintiff's legal team asserted violations of corporate safety procedures and a failure to preserve key evidence, including video footage and photographs.
- Defendant's Contentions:Home Depot contended plaintiff did not sustain a traumatic brain injury, emphasizing he had normal initial imaging, a GCS score of 15, and returned to work. Defense experts argued Dunn exaggerated or misinterpreted his symptoms, contended he did not lose consciousness, and asserted medical and neuropsychological testing showed capacity inconsistent with a long-term cognitive injury.
- The defense further argued that Dunn's reported symptoms were emotional, not neurological, and that MRI findings were unrelated to the incident.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:Mild traumatic brain injury (MTBI), emotional and cognitive impairment, and loss of earning capacity.
Special Damages
- Special Damages Claimed - Future Lost Earnings: $575,000
Disclaimer
This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.
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