Home Depot Death Of A Two Year Old Girl

In a unanimous decision, the Idaho Supreme Court affirmed in part, and reversed in part, the district court’s decision, upholding a jury verdict and entering judgment in a wrongful death action regarding a home depot accident.

Janessa Horner, who was two years old at the time, died after being struck by debris from a load of countertops which fell as a Home Depot employee removed them from a high shelf using a forklift. After the accident, Janessa’s parents Virgil Horner and Julie Horner-Cunningham began negotiations with both Home Depot and Sani-Top. Initially, Home Depot voluntarily paid the Horners for Janessa’s medical and funeral expenses incurred as a result of the accident. Ultimately, the Horners entered into a Settlement Agreement with Home Depot and fully released Home Depot from any further responsibility in any home depot lawsuit. Thereafter, Virgil and Julie Horner, individually and on behalf of Janessa’s sister, Hanna, filed a wrongful death action against Sani Horner Top, alleging Sani-Top had negligently designed and/or manufactured its packaging system for the countertops. After a seven-day trial, the jury awarded over $4 million dollars to the Horner
family, primarily relating to noneconomic damages. On the verdict form, the jury apportioned the liability between Home Depot and Sani-Top. After multiplying the total damage award by the percentage of fault allocated to Sani-Top by the jury, the district judge then entered separate judgments for Virgil, Julie and Hanna Horner.

The Supreme Court held the district judge calculated the judgment consistent with the statute limiting noneconomic damages, which provides that no judgment shall be entered for a claimant exceeding the statutory cap. After applying Sani-Top’s percentage of fault to the total damage award, not one of the judgments for noneconcomic damages exceeded the limitation set forth in the statute. The Court also determined the judgment against Sani-Top should not be
reduced by expenses Home Depot paid in anticipation of settlement or in the actual settlement agreement because the Horners’ Settlement Agreement with Home Depot did not release Sani-Top from liability.

Finally, because there was no evidence presented to establish Janessa’s potential earning capacity, the cash value of financial support she might have provided her parents in the future, or calculation of out-of-pocket expenses tied to the loss of Janessa’s services, the Supreme Court reversed the award of economic damages. The Court found sufficient evidence to support Virgil’s award for emotional distress and the overall verdict.