Kyle Barnett Aug. 7, 2014, 5:26pm


GRETNA – The family of a toddler who was allegedly seriously injured after falling from a cart is suing Home Depot.

Charymar Montero, on behalf of her minor child, filed suit against Home Depot USA Inc. and their insurer in the 24th Judicial District Court on July 2.

Montero alleges that she was shopping at the Home Depot located at 62 Westbank Expressway in Gretna with her son seated in a shopping cart when a wheel on the cart shifted forward and her son fell from the cart and to the floor. The plaintiff claims her son landed on the floor on his face and head and was seriously injured as a result. Montero contends her son received a concussion, contusions to forehead and lip and headaches and fever consistent with concussion.

The defendant is accused of failing to keep things in their custody free from defects, failing to properly inspect shopping carts, failing to take proper and safe measures during business hours, maintaining defective conditions on the premises, failing to warn of a dangerous condition and maintaining a hazard.

An unspecified amount in damages is sought for medical expenses, physical pain and suffering, mental anguish, emotional distress, disability, loss of function and loss of enjoyment of life.

Montero is represented by Jonathan B. Andry of the New Orleans-based The Andry Law Group LLC.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 739-977.

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