Mom sues Home Depot, delivery company over child's drowning

PASADENA, Texas -- A Pasadena mother is suing Home Depot and a delivery company, claiming the latter's employees left a gate open, allowing her 5-year-old daughter with autism access to a pool where she drowned.

According to the wrongful death suit, Brianna Saenz died May 21, 2016. She was discovered unresponsive in a pool in the 6300 block of Crestside while the homeowners were having a dishwasher delivered and installed.

There's a gate around the backyard there. The homeowner told the girl's family delivery crews were instructed not to prop the gate open. The lawsuit claims they left the gate open anyway.

The owner for the third party delivery company, G Texas Install Delivery, claims the homeowner left the gate open. The owner also said his business has closed as a result of the incident.

Home Depot says it hasn't been served with the suit so it can't yet respond to the claim.