Products Liability Law Reporter

While shopping at a Home Depot store, John Svrcek took a door manufactured by Jeld-Wen Inc. off a rack and placed it on the floor for inspection. Svrcek caught his right thumb on the sharp protruding edge of a security plate that was affixed to the door’s molding. He suffered a severe thumb laceration and required medical treatment for his injuries. He continued to suffer from pain and sensitivity in the thumb, and he later developed an infection that led to pain in his abdomen, back, and neck, among other places.

Svrcek and his wife sued Home Depot U.S.A. Inc. and Jeld-Wen Inc., alleging that the security plate was defective and was improperly installed or designed so that it was not flush with the door.

The jury awarded $66,000, including $2,000 to Svrcek’s wife for loss of consortium. The jury apportioned liability at 40% each to Jeld-Wen and Svrcek and 20% to Home Depot.

Citation: Svrcek v. Home Depot U.S.A. Inc., No. 1781CV00090 (Mass. Super. Ct. Middlesex Cty. Aug. 12, 2021).

Plaintiff counsel: AAJ member Lawrence E. Hardoon and Gregor A. Pagnini, both of Boston.