IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE DAVID JACKSON, Plaintiff and Appellant, v. THE HOME DEPOT U. S. A. , INC. , Defendant and Respondent. INTRODUCTION A pipe fell from overhead shelving and struck plaintiff and appellant David Jackson (plaintiff), an employee of Washington Inventory (Washington), while he was performing inventory services for defendant and respondent The Home Depot U. S. A. , Inc. (Home Depot). The trial court agreed with Home Depot and issued an order granting a new trial. *fn3 A Home Depot employee in an orange vest approached plaintiff and asked him what he needed. Because plaintiff had his back to the Home Depot employee on the ladder, plaintiff did not see what struck him.

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