Facts

Karin Andersson was shopping at Costco warehouse when she was injured by a falling sofa box that was left standing on its end by Gustavo Barajas, a Costco employee. The box struck Andersson on her left shoulder, injuring her neck. She sued Costco Wholesale Corp. and Barajas for negligence, premises liability, and vicarious liability. Costco did not dispute that Barajas was negligent in handling the box.

Barajas claimed that he consoled Andersson following the incident, and since there was no complaint filed at the scene, Costco did not save the box. Costco records indicated that Andersson requested for a bag of ice and filled out an incident report.

Damages

Andersson sought damages in excess of half a million for billed medical costs and $250,000 in paid bills. Her husband filed a claim for loss of consortium.

Injuries

Andersson presented to the emergency room with complaints of intractable neck pain. She returned to the ER three weeks later with continuing symptoms. She underwent an MRI, which revealed an abnormality. A follow-up MRI confirmed a cerebrospinal fluid leak. She underwent lengthy hospitalizations and several surgical procedures.

Result

The parties entered into a $500,000 settlement with the guidance of a mediator.