Firm No 39907 16953 NBH HDR

7-30-2018 20170193682 6020180730013764

IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS COUNTY 

DEPARTMENT, LAW DIVISION

LETICIA NAVARRO, ) 

) 

Plaintiff, ) 

) 

vs. ) Case No.: 2020 L 005812 

) 

HOME DEPOT U.S.A, INC., a Foreign ) JURY DEMAND

Corporation d/b/a HOME DEPOT STORE ) 

#1950 ) 

) 

Defendant. ) 

ANSWER TO PLAINTIFF'S COMPLAINT AT LAW

NOW COMES the Defendant, HOME DEPOT, U.S.A., by and through its attorneys, MCVEY 

& PARSKY, LLC and in Answer to the Plaintiff’s Complaint at Law states as follows: 

COUNT I — NEGLIGENCE

1. On and prior to June 27, 2018, Defendant, HOME DEPOT, was a foreign corporation present 

and conducting business in the State of Illinois and was in good standing with the Illinois Secretary of 

State.

ANSWER: This defendant admits to the allegations contained and Count 1 of plaintiff’s 

Complaint at Law. 

2. On and prior to June 27, 2018, the Plaintiff, LETICIA NAVARRO, was a resident of the City of 

Chicago, County of Cook, State of Illinois. 

ANSWER: This defendant admits the allegations contained in Count 1 of plaintiff’s Complaint at 

Law.

FILED

7/7/2020 10:19 AM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020L005812

9680177

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Firm No 39907 16953 NBH HDR

3. On or about June 27, 2018, and for a long time prior thereto, Defendant, HOME DEPOT, 

owned and/or maintained, or had a duty to maintain by and through its agents, employees, and/or 

assigns, a certain commercial premises located at or near 1300 South Clinton Street, in the City of 

Chicago, County of cook, State of Illinois, colloquially referred to as HOME DEPOT STORE #1950. 

ANSWER: This defendant will admit that it owned the store. Further answering, this defendant 

will admit those duties imposed upon it by law but states that the plaintiff has incorrectly stated 

those duties and therefore denies the remaining allegations contained in paragraph 3 of plaintiff’s 

Complaint at Law.

4. That on or about June 27, 2018, the Plaintiff, LETICIA NAVARRO, was lawfully on said 

premises located at or near 1300 South Clinton Street, in the City of Chicago, County of Cook, State of 

Illinois.

ANSWER: This defendant admits the allegations contained in paragraph 4 of the plaintiff’s 

Complaint at Law. 

5. That at all times relevant Defendant, HOME DEPOT, by and through its agents, employees, 

and/or assigns, had a duty to maintain its premises in a reasonably safe manner for all those lawfully on 

the premises, to include the Plaintiff herein, LETICIA NAVARRO. 

ANSWER: This defendant admits those duties imposed upon it by law but states that the plaintiff 

has incorrectly stated those duties and therefore denies the allegations contained in paragraph 5 of 

plaintiff’s Complaint at Law. 

6. Notwithstanding aforesaid duty, Defendant, HOME DEPOT, by and through its agents, 

employees, and/or assigns, hazardously allowed items, namely several porcelain or ceramic floor and 

wall tiles, to be placed loosely or improperly secured upon a shelf of a shelving unit in an area 

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frequented by customers, thereby creating a dangerous condition on the premises. 

ANSWER: This Defendant denies the allegations contained in paragraph 6 of the Plaintiff’s 

Complaint at Law. 

7. As a result of aforesaid dangerous and hazardous placement of items upon Defendant's shelving 

units, the Plaintiff, LETICIA NAVARRO, was struck and injured by the aforementioned porcelain or 

ceramic floor and wall tiles when they fell upon her from the shelves and shelving unit. 

ANSWER: This defendant denies the allegations contained in paragraph 7 of the plaintiff’s 

Complaint at Law.

8. At aforesaid time and place, Defendant, HOME DEPOT, by and through its agents, employees, 

and/or assigns, acted with less than reasonable care and was then and there guilty of one or more of the 

following carless acts and/or omissions: 

(a) Placed items on its shelves such that they were unstable and not secured, thereby 

creating an unreasonably dangerous condition encountered by Plaintiff, causing her

injury; 

(b) Allowed items to remain on its shelves in an Insecure and unstable condition, 

thereby creating a hazard;

(c) Improperly operated, managed, maintained and controlled its premises in allowing 

its shelving units and the items thereupon to remain in an unsecure, dangerous, and 

poor condition; 

(d) Failed to warn the Plaintiff and other persons lawfully on said premises of the 

dangerous condition when Defendant knew or should have known in the exercise of 

ordinary care that said warning was necessary to prevent injury to the Plaintiff, 

(e) Failed to make a reasonable Inspection of its premises when it knew or in the 

exercise of ordinary care should have known that said inspection was necessary to 

prevent injury to the Plaintiff and others lawfully on said premises;

(f) Failed to repair, maintain, or otherwise correct a dangerous hazard on its premises 

and/or shelving unit: 

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(g) Failed to provide adequate safeguards to prevent Plaintiff from injury while Plaintiff 

was lawfully upon said premises; and, 

(h) Was otherwise careless and negligent in failing to keep its premises and/or shelving 

unit safe.

ANSWER: This defendant denies the allegations contained in paragraph 8 of Plaintiff’s 

Complaint at Law and subparagraphs a-h. 

9. As a direct and proximate result of one or more of the foregoing careless acts and/or omissions 

of Defendant, HOME DEPOT, the Plaintiff, LETICIA NAVARRO, sustained serious and permanent

injuries when she was struck by the aforementioned falling porcelain or ceramic floor and wail tiles; 

was required to seek extensive medical consultation and treatment; has expended, and will in the future 

expend, grant sums of money to be healed and cured of her maladies; suffered, and will in the future 

continue to suffer, great pain, anguish, and physical and mental suffering; and, was deprived of 

earnings to which she might have otherwise been entitled.

ANSWER: This defendant admits that it owned the store but denies the remaining vague 

allegations contained in paragraph 9 of Count II of Plaintiff’s Complaint at Law. 

WHEREFORE, Defendant Home Depot U.S.A. Inc prays that this court enters judgment in its 

favor and against the Plaintiff, Leticia Navarro and to dismiss the Plaintiff’s complaint with prejudice and 

costs. 

COUNT II

Res Ipsa Loquitur

Leticia Navarro v. Home Depot U.S.A., Inc. d/b/a Home Depot Store #1950 

1.—8. Plaintiff restates, realleges, and incorporates by reference all allegations set forth in paragraphs I 

through 83 including all subparts therein, of Count I as if fully set forth in Count IL. 

ANSWER: This defendant repeats and realleges its responses to the allegations contained in 

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paragraph 1-8 as fully set forth herein. 

9. As alleged above, at aforesaid time and place the Plaintiff, LETICIA NAVARRO, was lawfully 

on the premises owned, operated, and/or maintained by Defendant, HOME DEPOT.

ANSWER: This defendant denies the vague allegations contained in paragraph 9 of Count II of 

the Plaintiff’s Complaint at Law.

10. Pursuant to the doctrine of res ipsa loquitur, the acts and/or omissions of Defendant, HOME 

DEPOT, may be presumed and/or inferred to be negligent because:

(a) The porcelain or ceramic floor and wall tiles would not have fallen from the 

shelving unit in the absence of Defendant's negligent acts or omissions; 

(b) The placement of porcelain or ceramic floor and wall tiles, or any other object 

placed upon Defendant's shelving units, was exclusively in the control and/or 

management of Defendant and its agent* employees, and/or assigns; and, 

(c) The Plaintiffs conduct did not cause or contribute to the occurrence complained 

of.

ANSWER: This defendant denies the allegations contained in paragraph 10 of Count II of 

Plaintiff’s Complaint at Law including subparagraphs a-c. 

11. As a direct and proximate result of one or more of the foregoing careless acts and/or omissions 

of Defendant, HOME DEPOT, the Plaintiff, LETICIA NAVARRO, sustained serious and permanent 

injuries when she was struck by the aforementioned falling porcelain or ceramic floor and wall tiles; 

was required to seek extensive medical consultation and treatment; has expended, and will in the future 

expend, great sums of money to be healed and cured of her maladies; suffered, and will in the future 

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continue to suffer, great pain, anguish, and physical and mental suffering; and, was deprived of 

earnings to which she might have otherwise been entitled.

ANSWER: This defendant denies the allegations contained in paragraph 11 of Count II of 

plaintiff’s Complaint at Law. 

WHEREFORE, Defendant Home Depot U.S.A. Inc prays that this court enter judgment in its 

favor and against the Plaintiff, Leticia Navarro and dismiss the Plaintiff’s complaint with prejudice and 

with costs. 

Respectfully submitted,

 

HOME DEPOT U.S.A., INC.

 BY: _/s/Noel B. Haberek_______________

 Noel B. Haberek, Jr. (#6203567) 

 One of Its Attorneys 

MCVEY & PARSKY, LLC

30 N. LaSalle Street, Suite 2100 

Chicago, Illinois 60602 

Ph.: 312-551-2130 

Fax: 312/551-2131 

Email: nbh@mcveyparsky-law.com

Firm No: 39907 

FILED DATE: 7/7/2020 10:19 AM 2020L005812

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