A man who lost his lower leg after being injured by a stump grinder he rented from Home Depot survived a two-pronged attack on his product liability suit in federal court on Tuesday.

In Bashir v. Home Depot , 08-cv-4745, District Judge Joel Pisano in Trenton rejected summary judgment motions arguing that Home Depot, as a mere lessor, is immune from claims under the state Products Liability Act and that the plaintiff spoliated evidence.