Facts

On May 17, 1997, at approximately 3 p.m., plaintiff Marlo Rice was shopping in the outdoor garden center of the
defendantÆs Home Depot Louisville store. A commercial metal plant rack full of plants and several boxes fell
on top of her, knocked her to the ground, and seriously injured her.
Marlo and her husband, Sean Rice, claimed that an undisclosed or unknown Home Depot employee built a
display of several six-foot tall boxes of heavy merchandise, by leaning them straight up and down against a
beam. These boxes fell over onto the plant rack, which in turn fell onto Marlo.
She sustained a head injury which resulted in cognitive fatigue. She can now only work up to thirty hours a
week in her job as a school psychologist.