Johnny Baker, et al vs. Home Depot USA, Inc., et al
Case Background
On January 31, 2019, Plaintiff Johnny Baker IV and Melissa Baker filed a Premises Liability lawsuit in the Florida State, Circuit Court of Duval County (Case number: 16-2019-CA-000826). Judge Katie L. Dearing presided over the case.
Cause
Johnny Baker IV, a landscaper, rented a Genie Z Boom TZ34 from Home Depot on August 14, 2018, to trim palm trees at the Scottish Inn in Jacksonville, Florida. While using the boom lift, Baker activated the control to lower the bucket. However, the bucket unexpectedly moved upward instead of downward, causing Baker’s pole saw to contact an electric power line. This malfunction resulted in Baker’s electrocution and severe burns when his clothes caught fire.
Injuries
Baker suffered severe burns and electrocution injuries due to the boom lift malfunction. The accident caused him significant pain, suffering, disability, and disfigurement. He also experienced mental anguish and a diminished capacity for enjoying life as a result of his injuries.
Damages
The accident led to substantial medical expenses for Baker, including hospitalization, medical treatment, and nursing care. He incurred lost wages and a diminished earning capacity. His injuries also aggravated pre-existing conditions. Melissa Baker, his wife, suffered a loss of care, comfort, society, and consortium due to her husband’s injuries.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Johnny Baker IV | Melissa Baker
- Counsel for Plaintiff: Christopher Grant Burns
- Experts for Plaintiff(s): Russell Addeo | Daryl L. Ebersole | Susan McKenzie | Jan Roughan | Dr. Frederick Raffa | Burt Thorpe
- Defendant(s): Home Depot USA, Inc. | Jmb6x9 | Terex USA, LLC | Jeffrey McGlothin
- Counsel for Defendants: Jennifer L. Meier | Craig Richard Wood | Robert Edward Schrader III | Niels Murphy | Jordan Michael Janoski
Claims
The Bakers filed four claims against Home Depot in a Premises Liability case:
Negligence:
Johnny Baker claimed that Home Depot failed to properly maintain and repair the Genie Z Boom, failed to warn him of the equipment’s malfunctioning tendencies, and rented out defective equipment.
Breach of Warranty:
Baker alleged that Home Depot breached its warranty by providing equipment that was neither operational nor fit for its intended use.
Loss of Consortium (Negligence):
Melissa Baker claimed a loss of consortium based on Home Depot’s alleged negligence.
Loss of Consortium (Breach of Warranty):
Melissa Baker also claimed loss of consortium based on Home Depot’s alleged breach of warranty.
The Bakers sought damages exceeding $15,000, exclusive of interest, costs, and attorneys’ fees.
Defense
Home Depot USA, Inc. and jmB6x9 responded to the Premises liability lawsuit by denying most of the plaintiffs’ allegations, including claims of negligence and breach of warranty. They admitted only to renting the Genie Z Boom TZ34 to Johnny Baker and acknowledged their legal duties under Florida law.
The defense raised three affirmative defenses. First, they claimed that Johnny Baker’s negligence caused or contributed to the incident and his injuries, arguing that his recovery should be barred or reduced proportionally. Second, they sought a setoff against any verdict for payments or benefits Baker received from collateral sources. Third, they invoked Florida Statute §768.76, which requires the deduction of collateral source benefits from any jury verdict against Home Depot.
Home Depot and jmB6x9 consistently denied or claimed a lack of knowledge regarding most of the plaintiffs’ allegations. They denied all claims of negligence, breach of warranty, and damages, including Melissa Baker’s loss of consortium claims. The defense demanded a jury trial to resolve the matter, aiming to challenge the Bakers’ claims and reduce or eliminate their liability.
Expert Testimony
The plaintiffs presented expert testimony from several professionals to support their case. Dr. Russell Addeo, a neuropsychologist, conducted neuropsychological evaluations of Johnny Baker and based his opinions on his education, training, experience, and examination of Baker. Daryl L. Ebersole, an expert on lift defects, testified about the dangers of the Genie TZ34 lift that Baker rented, relying on his knowledge of relevant construction industry standards. Susan McKenzie, a vocational rehabilitation expert, provided testimony based on her August 10, 2023, report. Michaela Miller, a videographer, created and authenticated a “Day in the Life” video of Baker. Jan Roughan, a Life Care Planner, testified about Baker’s future care needs and expenses. Dr. Frederick Raffa, an economist, calculated Baker’s future economic damages and reduced them to present value. Finally, Burt Thorpe testified about the unsafe manner in which Home Depot rented the Genie TZ34 lift to Baker.
Jury Verdict
On September 30, 2024, the jury found in favor of Johnny and Melissa Baker in the bifurcated liability trial against Home Depot USA, Inc. The jury determined that Home Depot was liable for the malfunction of the Genie Z Boom TZ34, which led to Johnny Baker’s electrocution and severe injuries. The court scheduled the damages trial for May 12, 2025, following this liability determination in a Premises Liability case.
Court Documents:
Available Upon Request
