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Home Depot settles suit

by Keith KINNAIRD<br
| July 13, 2009 9:00 PM

PONDERAY — An out-of-court settlement has been reached in a Bonner County couple’s personal injury lawsuit against The Home Depot, court records show.

The terms of the settlement were not disclosed. A court order approving the dismissal of the case is pending in 1st District Court.

Luke and Amber Webster sued the home improvement chain last year, after Amber Webster tripped over an empty freight pallet in the Ponderay store on May 20, 2008. Amber Webster suffered unspecified injuries which were permanent.

The couple sued the company for negligence, contending it had a duty to make sure the store was safe for customers.

The Delaware-based corporation moved to have the case shifted to U.S. District Court because the amount of damages exceeded a jurisdictional threshold of $75,000.

The suit was later remanded back to the state court after The Home Depot’s counsel offered no facts to support the jurisdictional threshold claim, according to court documents in the case.

First District Judge Steve Verby ordered mediation in the case in June and a five-day jury trial had been set for the spring of 2010.