Thomas v. Home Depot, U.S.A., Inc.

Because I cannot agree that Home Depot breached no duty owed to Thomas and that the breach of duty was not the proximate cause of Thomas’s injury, I must respectfully dissent. Thomas’s complaint alleged that Home Depot was negligent in the “packaging, storage and in the manner in which it permitted the transporting of tomato cages.” In my view the trial court, the majority, and the special concurrence focus too narrowly on the act committed by the customer transporting the tomato tower in his shopping cart, and not on the general danger created by the sharp points of the tomato tower.

As the…