Benoit v. Home Depot U.S.A., Inc.
Alleged negligence in loading tractor-trailer with lumber/Permanent brain injury. The plaintiff alleged a permanent brain injury, vertigo, and hearing loss as a result of falling off of a tractor trailer loaded with mixed lumber product. The plaintiff asserted that Home Depot, whose employees loaded the trailer, was negligent in failing to load the lumber in a safe manner. The defense demonstrated that Home Depot properly loaded the trailer and that the plaintiff caused his own fall by failing to pay proper attention as he walked atop the load. Both sides introduced expert testimony on liability and medical issues. After deliberating for four full days the jury returned a defense verdict finding Home Depot negligent, but that its negligence did not cause any harm to the plaintiff.