This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Slip and Fall

Laura Rogel Campos, Ignacio Estrada v. Costco Wholesale Corporation Inc.

Published: May 28, 2011 | Result Date: Apr. 27, 2011 | Filing Date: Jan. 1, 1900 |

Case number: SCV-247504 Verdict –  Defense

Court

Sonoma Superior


Attorneys

Plaintiff

Pano Stephens

Zachary Stephens


Defendant

David F. Beach
(Perry, Johnson, Anderson, Miller & Moskowitz LLP)

Oscar A. Pardo


Experts

Plaintiff

Albert J. Ferrari
(technical)

F. Dee Filgas
(medical)

Defendant

Gary A. Bornstein
(Cravath, Swaine & Moore LLP) (medical)

Facts

On Feb. 22, 2010, plaintiff Laura Rogel Campos, age 48, was shopping in the Santa Rosa Costco when she slipped and fell on an unknown creamy substance on the floor.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Costco failed to conduct timely and sufficient floor walks and inspections of its warehouse in light of the thousands of customers on the premises daily, with Costco giving customers free food and allowing them to walk around the premises with the food.

DEFENDANT'S CONTENTIONS:
The defense presented evidence that the warehouse personnel performed and documented hourly inspections of the entire warehouse, supplemented by constant inspections by designated maintenance employees, none of whom saw the food or plaintiff on the floor.

Damages

Plaintiff Ignacio Estrada claimed loss of consortium. Plaintiffs asked the jury to award approximately $300,000 in damages.

Injuries

Campos sustained a fractured coccyx. At trial, she adduced testimony from her treating orthopedist, Kenneth Hoek, M.D., and pain specialist Dee Filgas, M.D. that she required extensive pain treatments, medication and injections to deal with an inoperable coccyxgeal separation.

Result

Defense verdict.

Other Information

FILING DATE: June 3, 2010.

Deliberation

50 minutes

Length

six days


#100674

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390