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