Nona Mingo v. Home Depot USA, Inc.

Summary

The United States District Court for the Southern District of Texas grants Home Depot USA, Inc.'s motion for summary judgment in Nona Mingo's negligence, gross negligence, and premises liability action arising from a trip over a flatbed cart. The court concludes that the video evidence and Mingo's admissions establish that Home Depot had no liability under the asserted theories and that the cart was open and obvious. The court also denies Mingo's request for additional discovery under Federal Rule of Civil Procedure 56(d).

Holdings

1. Home Depot was entitled to summary judgment because Mingo presented no evidence creating a genuine dispute that Home Depot had actual or constructive knowledge of an unreasonably dangerous condition, failed to exercise reasonable care, or proximately caused the injury. The undisputed record also showed that the cart was open and obvious and that Home Depot did not have a duty to warn or provide additional training concerning a commonly known and readily visible cart hazard.
2. The court could rely on clear video evidence depicting the accident rather than Mingo's description where the video contradicted her account.
3. Mingo's Rule 56(d) request was denied because she did not identify additional discovery that would affect the determinative summary-judgment issues.

Questions Presented

1. Whether Home Depot was entitled to summary judgment on Mingo's premises-liability and negligence theories because the record showed no genuine dispute of material fact concerning notice, unreasonable danger, breach, causation, or any duty to warn or train.
2. Whether clear video evidence displaced Mingo's contrary description of how the accident occurred.
3. Whether Mingo's Rule 56(d) request for additional discovery should be granted.

Disposition

other