Soto v. Costco Wholesale Corp.
N/AOUTCOME:
Thomas Zaret co-tried and obtained a $2 million trial verdict against Costco in a difficult liability case where Costco offered nothing before trial. An elderly driver, while heavily medicated after sh ... opping at the Burbank Costco, claims he hit the wrong pedal and traveled in reverse from his handicapped parking space into the food court at 25mph without stopping, striking a display car, tables, and Plaintiff, who was eating with his family in the outdoor food court. The driver was charged with Felony DUI. We alleged that Costco was negligent for not installing bollards or barriers to protect patrons within the outdoor food court from errant traffic. Costco introduced evidence that tens of millions of customers had visited their stores and there had never been a prior incident. However, we showed that Costco had barriers for food courts in other locations but for no apparent reason did not install them at the Burbank Costco. The jury found Costco liable for not having barriers. The jury agreed that Costco had a duty to prevent foreseeable incidents like the subject one from happening. You can read the Court of Appeal's opinion affirming the verdict here: https://bit.ly/38Hz7cv
