Martha Olsen v. Costco Wholesale Corporation
Published: Jul. 5, 2024 | Result Date: Mar. 21, 2024 | Filing Date: Apr. 10, 2023 |Case number: 2:23-cv-02670-AB-JPR Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Alfred Lustgarten
(Law Offices of Al Lustgarten)
Defendant
John Kevin Flock
(Tharpe & Howell LLP)
Facts
On February 20, 2020, Martha Olsen was shopping at a warehouse store operated by Costco Wholesale Corporation in Santa Clarita. While walking through the store, Olsen slipped on a liquid substance near the checkout area and fell. Although the incident was captured by surveillance, it was not clear how Olsen fell or what caused the fall, but store employees could be seen walking to the area where she fell with paper towels and wiping the spill. Olsen was transported from the store by paramedics.
Under Costco policy, safety inspections are conducted every hour the store is open: Inspection forms from the day of Olsen's fall do not reflect any slipping hazards or visible spills.
On April 10, 2023, Olsen filed suit against Costco.
Contentions
PLAINTIFF'S CONTENTIONS: Olsen contended that the injuries she sustained from her slip and fall were caused by the liquid spill; that the spill was a dangerous condition Costco allowed to exist on its property; and that Costco had been negligent in failing to attending to the spill.
DEFENDANT'S CONTENTIONS: Costco denied any wrongdoing or liability and all of Olsen's material allegations. Moreover, Costco contended that it had a policy of inspecting its stores for dangerous conditions; no inspection had uncovered the spill that led to Olsen's fall; it had no notice of the alleged dangerous condition on its property; and it had not been negligent.
Result
The court granted summary judgment in favor of Costco.
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