Life Woman who lost her family in 2011 Joplin Tornado is suing Home Depot - Page 4

Deberg_1990 · 07-07-2014, 05:25 PM

Does Home Depot have a responsibility to provide a "reasonably safe" structure?

http://www.koamtv.com/story/25958787...ing-home-depot

A woman who lost her husband and two children in the Joplin Tornado on May 22, 2011 is suing Home Depot.

Russell Howard and his two children were taking refuge from the storm in the Home Depot when the tornado hit the store.

Russell Howard, his five-year-old daughter Harlie, and one year old son Hayze, died in the store.

Howard's wife, Edie Housel, filed the lawsuit saying Home Depot has a duty to provide a reasonably safe structure.

Attorneys for company say their deaths were an act of god.

The suit is filed with the Missouri Supreme court, the amount of damages sought is not made public, except for the fact that the amount is more than $25,000.

BWillie · 07-07-2014, 08:33 PM

Quote:

Originally Posted by srvy

If the Missouri Supreme Court rules in this woman's favor then every building and home could be sued because it could not withstand an F5. This would include the the Capitol building in Jeff City and all its satellite offices. My guess this will be thrown out pretty quickly.

Almost absolutely no way she wins. If your neighbors healthy tree falls on your house in a Thunderstorm even, destroys your house, just because you own the tree does not make you at fault. There is tons and tons of civil cases to back that up.

BWillie · 07-07-2014, 08:34 PM

Quote:

Originally Posted by displacedinMN

I feel sorry for her too.

But with the magnitude of that tornado, No man made structure is built to stand a chance. They have storm shelters, but not basements. I don't see how home depot, the developer or the builder is liable.

Underground was the only way to survive.

This will be settled out of court.

It shouldn't be settled at all, Home Depot shouldn't have to pay a thing.

Marcellus · 07-07-2014, 08:34 PM

Quote:

Originally Posted by Discuss Thrower

You mean beside living there for the vast majority of my life?

Well you obviously didn't pay attention. Like I said Joplin isn't special but it's far from the dump you make it out to be.

Are there better places? Hell yea. Are the worse? Way more worse places than better.

Sorry you got raped or whatever. Not Joplin's fault.

Marcellus · 07-07-2014, 08:35 PM

Quote:

Originally Posted by BWillie

Almost absolutely no way she wins. If your neighbors healthy tree falls on your house in a Thunderstorm even, destroys your house, just because you own the tree does not make you at fault. There is tons and tons of civil cases to back that up.

There are many civil cases in litigation right now that say you can sue. Will you win? Doubtful.

BWillie · 07-07-2014, 08:37 PM

Quote:

Originally Posted by Marcellus

They already have proven every aspect of the building met code or exceeded it. Seems city code would be more to blame.

There is another lady suing Walmart because her husband was not allowed to leave in the middle of the storm and he died in Walmart.

Now imagine if they let him leave and he died. They would be suing for that.

On top of that the Supervisor on shift at Walmart is being personally sued outside of the Walmart law suit. Like he is personally responsible.

There are several other BS lawsuits I would rather not and shouldn't comment on involving coworkers and friends who are personally being sued for wrongful deaths involving people making their own decisions.

The only people getting rich are the defense attorneys. It's pathetic and sad.

Honestly, even if the building wasnt built to code (which im sure it was), still shouldn't constitute anything IMO because the tornado was taking out anything in its path. It wouldn't even be the proximate cause. Wouldn't matter what structure it was outside of a skyscraper, and even then.

BWillie · 07-07-2014, 08:40 PM

Quote:

Originally Posted by Marcellus

There are many civil cases in litigation right now that say you can sue. Will you win? Doubtful.

Right. You can always sue. If you want to waste time and your money, go ahead. When shit happens its not always somebodys fault. Shit happens.

What im saying is there is tons and tons of case law supporting that Home Depot and other results of acts of nature, to virtually anything, will not result in a successful suit.

Marcellus · 07-07-2014, 08:40 PM

Quote:

Originally Posted by BWillie

Honestly, even if the building wasnt built to code (which im sure it was), still shouldn't constitute anything IMO because the tornado was taking out anything in its path. It wouldn't even be the proximate cause. Wouldn't matter what structure it was outside of a skyscraper, and even then.

Surely you aren't implying that every town in Tornado Alley shouldn't be required to make veery single public structure capable of handling an F5 tornado?

Marcellus · 07-07-2014, 08:47 PM

Quote:

Originally Posted by BWillie

Right. You can always sue. If you want to waste time and your money, go ahead. When shit happens its not always somebodys fault. Shit happens.

What im saying is there is tons and tons of case law supporting that Home Depot and other results of acts of nature, to virtually anything, will not result in a successful suit.

Right now I know 1 company who has paid around $500,000 in attorneys fees in defense of ridiculous frivolous personal liability lawsuits over the tornado when I know for fact not 1 of the 6 people being sued has an ounce of personal responsibility in what happened.

It's infuriating.

**Bugeater** · 07-07-2014, 08:48 PM

Heh, already remarried and cranked out another kid.

BucEyedPea · 07-07-2014, 08:51 PM

Maybe the flaw found was that they didn't have a basement or shelter nearby. SoHD may be found negligent./sarcasm]

Yeah, I know most don't have basements there 'cept maybe older houses or some of newer constructions.

BucEyedPea · 07-07-2014, 08:51 PM

Quote:

Originally Posted by Bacon Cheeseburger

Heh, already remarried and cranked out another kid.

Looks like the newborn is blowing you or whoever that is for the dad a kiss.

**Bugeater** · 07-07-2014, 08:52 PM

She's a KU fan too.

Deberg_1990 · 07-07-2014, 08:53 PM

Quote:

Originally Posted by Bacon Cheeseburger

She's a KU fan too.

Would

**Bugeater** · 07-07-2014, 08:56 PM

Quote:

Originally Posted by Deberg_1990

Would

Still?

Chiefaholic · 07-07-2014, 08:58 PM

First, my company rented a couple buses to take volunteers to work a couple days in Joplin doing clean up. Houses were literally swept off their foundation with damn near a zero percent chance of survival. It looked like a bomb went off with entire neighborhoods flattened and bark removed from trees. Nothing above ground stood a chance to withstand a direct hit. Her lawsuit should and likely will get thrown out of court.

Second, the last place I want to be during a tornado is a building full of tools and sharp objects. The inside would be a death trap even if it weren't directly hit.

07-07-2014, 05:25 PM
Deberg_1990 In Search of a Life Join Date: Jan 2004 Location: San Antonio Tx. Casino cash: $3684454	Woman who lost her family in 2011 Joplin Tornado is suing Home Depot Does Home Depot have a responsibility to provide a "reasonably safe" structure? http://www.koamtv.com/story/25958787...ing-home-depot A woman who lost her husband and two children in the Joplin Tornado on May 22, 2011 is suing Home Depot. Russell Howard and his two children were taking refuge from the storm in the Home Depot when the tornado hit the store. Russell Howard, his five-year-old daughter Harlie, and one year old son Hayze, died in the store. Howard's wife, Edie Housel, filed the lawsuit saying Home Depot has a duty to provide a reasonably safe structure. Attorneys for company say their deaths were an act of god. The suit is filed with the Missouri Supreme court, the amount of damages sought is not made public, except for the fact that the amount is more than $25,000.
Posts: 66,914

07-07-2014, 08:48 PM	#54
Bugeater The Maintenance Guy Join Date: Sep 2005 Location: Renovated Bugeater Estate Casino cash: $6232680	Heh, already remarried and cranked out another kid.
Posts: 70,443

07-07-2014, 08:51 PM	#55
BucEyedPea Gimme My Berries Back! Join Date: Apr 2006 Location: None of your business Casino cash: $3139963	Maybe the flaw found was that they didn't have a basement or shelter nearby. SoHD may be found negligent./sarcasm] Yeah, I know most don't have basements there 'cept maybe older houses or some of newer constructions.
Posts: 161,923

07-07-2014, 08:52 PM	#57
Bugeater The Maintenance Guy Join Date: Sep 2005 Location: Renovated Bugeater Estate Casino cash: $6232680	She's a KU fan too.
Posts: 70,443

07-07-2014, 08:58 PM	#60
Chiefaholic Veteran Join Date: Aug 2000 Casino cash: $3011169	First, my company rented a couple buses to take volunteers to work a couple days in Joplin doing clean up. Houses were literally swept off their foundation with damn near a zero percent chance of survival. It looked like a bomb went off with entire neighborhoods flattened and bark removed from trees. Nothing above ground stood a chance to withstand a direct hit. Her lawsuit should and likely will get thrown out of court. Second, the last place I want to be during a tornado is a building full of tools and sharp objects. The inside would be a death trap even if it weren't directly hit. __________________
Posts: 4,644