Why tell my story?

1. I LIVED TO TELL IT

My Neurosurgeon said he's seen quadriplegics as a result of head impact forces less than mine.

  • The moment of my brain trauma, I believe I was dying. My mind drifted away from my body. I thought "I'm dying and don't know what happened."  My next thought was "this is not so bad."  It was peaceful and no pain. I also had no awareness for some period. Suddenly and surprisingly my consciousness returned to my body and the pain and agony began. During the severe pain I thought "how could you do this to me, I'm a good customer"  The cognitive, psychological, physical, and legal battles would continue the nightmare to this day.  
  • Nine pounds of metal boxes were negligently dropped on my head from eleven feet. I can't call it an accident when Home Depot has a history of falling merchandise, injuries, and deaths, and their safety policies continue putting customers in danger.

2. ENDLESS ABUSE AFTER I WAS INJURED

  • Home Depot destroyed the surveillance video to benefit their defense and weaken my case.  I thought the video would eventually appear at some point, until I realized one day after two years, that, Home Depot will never allow the video to be seen by a jury because of the horrible impact and pain, safety policies, and employee negligence and lies would be exposed. I never imagined that Home Depot, where I shopped at least once a week for my business, would injure a customer, clean up the evidence, lie about it, and cause more distress.
  • During my deposition I was asked questions by defense attorneys about the incident. Often, I could not remember, could not articulate, or did not know all that happened. Yet, all the answers were already in the video they watched. I wondered why they needed to ask me and couldn't simply get the answers from the video.  Now I know that they had to pretend to not know and not have the video. Saying they lost the video is a common tactic and any store surveillance video is only available when it benefits them.
  • Home Depot admitted fault, but only as part of a deal to release their employees from the case and surrender the claim for punitive damages. They were still free to diminish and attack the seriousness of my injuries and credibility...which they absolutely did during opening statements of the trial.
  • To hit and injure my head, tamper with evidence, lie under oath, and then attack me more because I reported it and filed a legal claim against them...is no different than common street gang behavior.
  • All this is worse than being kicked when you're down. It's taking advantage and robbing you of your future and all hope while you're hurt, weak, and vulnerable.
  • Home Depot hid the video and made me prove my case, how I was hit, injuries and symptoms (all challenged).  I was required to provide personal history:

  1. Education since High School and all schools attended
  2. Every place I lived my whole life
  3. Employment history and income
  4. Hobbies and interests
  5. Criminal record
  6. Family history
  7. Names of people I live with
  8. Names of people who knew me before and after
  9. Business client names
  10. People closest to me had to be dragged into this and deposed and answer attorney questions under oath.
  11. For my court trial, I had to dig up pictures as far back as possible, and reveal my personal life and career. This was necessary to explain how my life has changed and sadly to put a value on my life and the pain and suffering.
  12. Submit to neurological and psychological testing by defense "expert doctors" paid by the defense to say nothing is wrong
  13. I had to endure nearly four years while the defense built their case against me.

  • Home Depot wouldn't own up to what they did and tampered with evidence, and so my life was required to be put under a microscope by defense attorneys as if I had committed a crime.  Home Depot injures and kills customers...it's not me who should be investigated for a history of criminal behavior, lies, and greed.

3. ACCOUNTABILITY MATTERS

  • When a product is defective it is removed from the shelf or recalled.  Why are stores like home depot allowed to keep their doors open while continuing to stack merchandise carelessly over customers' heads and causing injuries?
  • Why are employees allowed to climb ladders to move merchandise while customers are in the area? How does that make any sense given how they stack merchandise?

4. THEY DON'T CARE ABOUT YOUR SAFETY

  • Craig A. Menear - Chairman, CEO and President, says "I put customers First."  Pictures and the history of deaths and injuries to customers and employees proves profits and greed are first and not the safety of the customer.
  • Both the assistant manager and employee responsible for my injuries said in their sworn deposition that "customers are number one."

5. WRITING BECAME MY VOICE

  • After the video cover up and lies by Home Depot, the entire burden of proof and true facts of the incident fell on me to try to explain. Cognitive impairments made it challenging and difficult to say what I wanted to say to doctors and attorneys, and also to process and understand what they said.
  • Writing became my preferred method of communicating because my thoughts could be written on a page, then organized, and most importantly saved for review and editing at a later time.
  • This site is a continuation of my need to express what has happened throughout this case.  This is only possible because there is no pressure, demand, expectation, or deadline to complete it.
  • Writing also serves as necessary cognitive exercise and therapy.

6. HOME DEPOT DID NOT WANT MY STORY TOLD

Home Depot did everything possible to prevent my story from being told.

  • They took the surveillance video and destroyed it or hid it, so that it could never be seen and used in trial.
  • They admitted fault in a deal to have punitive damages removed from the case. By removing  punitive damages, the full story of the accident and their history of negligence could not be talked about at length in court trial.
  • After opening statements on the first day of trial, Home Depot settled the case. They settled because they didn't want more to be said and revealed for the record and the courtroom cameras.  The defense case was not going well after the first round and it was only going to get worse by the day, so they threw in the towel.

Symptoms - Treatments

Symtoms

  • headaches
  • severe tinnitus / ringing
  • neck pain - neck herniation (3) 
  • numbing in hand/fingers
  • thoracic / upper spine pain
  • shoulder pain
  • back pain / herniation
  • sciatica leg pain

Symtoms

  • cognitive impairments
  • mental fatique
  • PTSD
  • disorientation
  • anxiety
  • depression
  • hypertension
  • sleep disorder

Treatments

  • Centre for Neuro Skills (therapy: cognitive, occupational, physical). Sixteen months
  • Pain Management (epidural injections - neck and back)
  • Cervical and Lumbar Traction
  • Prescription Medications (5)
  • Counseling
  • Biofeedback
  • ER admitted- TIA symptoms
  • Heart monitor (30 days)
  • Surgery's pending (4)

Doctors

  • Audiologist
  • Cardiologist
  • Chiropractor
  • ENT (ear, nose, throat)
  • Neurosurgeon
  • Neurologist
  • Orthopedic
  • Pain Management
  • Primary Care
  • Psychologist
  • Psychiatrist

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Courtroom View Network screenshot of plaintiff attorney Nick Rowley showing jurors the type of metal boxes that fell on his client's head in a Home Depot. 

Case Details

COSTS

  1. 40% = Attorney Fees
  2. % = Treating Doctors / Liens
  3. % = Medical Experts
  4. % = Other experts
  5. % = Depositions
  6. % = Other Expenses
  7. % = Injured Plaintiff 

  • Injury Date

6/09/13

  • Trial date

3/16/17 - 3/20/17 

Settlement is confidential 

HOME DEPOT...

  1. stacks merchandise negligently knowing they will kill and injure customers
  2. causes you more pain and suffering by destroying video surveillance
  3. makes you prove your story and injuries by destroying the video that tells the complete story
  4. will keep and promote employees who lie under oath
  5. requires you to spend hundreds of thousands in medical experts to prove your injuries, and all while knowing the truth from the video they have.
  6. pays hundreds of thousands to expert doctors who make a living by examining you for only a few hours and diminishing for the defense your pain and suffering. Even while knowing what they caused by the video they saw.
  7. Their attorneys continue to insult you in court after they've knowingly ruined your health and life.

Trial: DEFENSE ATTORNEY STATEMENTS

  • Paul Caleo of Burnham Brown claimed that Beltran’s current symptoms are psychological, but that he has yet to pursue treatment specifically for his anxiety and depression. Caleo argued that with roughly two years of psychological treatment, Beltran could achieve a full recovery. “He can return to the same person that he was before he walked into that store,”  

  1. All symptoms resulting from 9 lbs of metal hitting my head and shoulder are psychological?  
  2. anxiety and depression medication and therapy aren't considered treatment?

  • Paul Caleo was critical of my efforts to do work after my injuries to test my abilities and limits in order to keep my business active in every way possible.

  1. I wonder what criticism Paul Caleo would make about me if I never tried to return to work in nearly four years?
  2. Does 'diminished executive functioning' mean anything to this  defense team from Burnham Brown?

Everyone has a right to a defense attorney. But while shopping at Home Depot, look out for falling boxes...they don't care who you are or which side you're on.

The Legal Journey

The Good

  • Pending

The Bad

  • Pending

The Ugly

  • Pending

More

  • Pending

Personal Injury Attorneys

Law Offices of Young & Nichols

Carpenter, Zuckerman & Rowley

www.czrlaw.com

Trial Attorneys