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Thread: Costco can't move "I slipped on a slurpee" lawsuit

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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by ludahai View Post
    article

    This is pretty insane...



    Shouldn't Florida law and thus Florida courts be at issue here and not New York? This occurred in Florida. I would be totally surprised if this woman doesn't win something, given she is in New York, but I could totally see Costco winning an appeal in a federal court. This is insane.
    All I have to say is that I think the whole "I slipped and fell on your property so it's your fault" is a crock of ****.
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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Well, it is up to the appeals process mostly when jurisdiction is contested, and YES circumstances do vary, and weigh heavily on the decision. My guss is that AdamT is correct in-that, Costco has stores in NY, but it may or may not have stores in the county where this woman resides? If not, then this woman will have a hard time getting a NY court to hear her case, BUT, hardship and travel could be a mitigating factor in deciding jurisdiction in this matter. Another factor would be if this woman spends a significant time each year in Florida, which a lot of New Yorkers do. If she does, her claim of hardship might get thrown out..

    Point is that it isn't so cut and dry. Both FL, NY courts have subject matter jurisdiction, the case will come down to personal jurisdiction, and whether Costco or the plaintiff can make a showing that personal jurisdiction is relevant in decidiing this particular matter. If the matter was so cut and dry as you suggest, Guy, then why do we always spend years trying to resolve who has jurisdiction?


    Tim-
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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by Mathematician View Post
    All I have to say is that I think the whole "I slipped and fell on your property so it's your fault" is a crock of ****.
    It's not that simple. Yes falling on one's property is not the question here. It's whether Costco was negligent, and whether this negligence was directly related to the incident.

    Tim-
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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by AdamT View Post
    That's not what I was saying. Basically this is a no brainer. Jurisdiction and venue are proper in NY.
    Well, what if the laws surrounding maintainence and upkeep are different in Florida than they are in NY? Not saying they are, but experience tells me that laws aboutt his that and the other things in-fact DO vary from State to State. THIS also is a factor in the jurisdiction question.

    Tim-
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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by Hicup View Post
    Well, it is up to the appeals process mostly when jurisdiction is contested, and YES circumstances do vary, and weigh heavily on the decision. My guss is that AdamT is correct in-that, Costco has stores in NY, but it may or may not have stores in the county where this woman resides? If not, then this woman will have a hard time getting a NY court to hear her case, BUT, hardship and travel could be a mitigating factor in deciding jurisdiction in this matter. Another factor would be if this woman spends a significant time each year in Florida, which a lot of New Yorkers do. If she does, her claim of hardship might get thrown out..

    Point is that it isn't so cut and dry. Both FL, NY courts have subject matter jurisdiction, the case will come down to personal jurisdiction, and whether Costco or the plaintiff can make a showing that personal jurisdiction is relevant in decidiing this particular matter. If the matter was so cut and dry as you suggest, Guy, then why do we always spend years trying to resolve who has jurisdiction?


    Tim-
    The case is filed in state court, so (federal) subject matter jurisdiction doesn't come into play. The case will go forward in NY.

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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    It'll be filed in a State Supreme court for whatever county she resides.. Where did I say it would be federal?

    Tim-
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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by Hicup View Post
    It's not that simple. Yes falling on one's property is not the question here. It's whether Costco was negligent, and whether this negligence was directly related to the incident.

    Tim-
    Please convince me that slipping is not negligence by the person who slipped.
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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by Hicup View Post
    It'll be filed in a State Supreme court for whatever county she resides.. Where did I say it would be federal?

    Tim-
    "Both FL, NY courts have subject matter jurisdiction...."

    I assumed you were thinking about federal subject matter jurisdiction, but I guess not.

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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by Mathematician View Post
    Please convince me that slipping is not negligence by the person who slipped.
    Depends on the circumstances. Lets say that four customers have independently reported to the manager that something has been spilled in the first aid aisle: something slippery, like an icy beverage. An hour goes by and the manager still hasn't sent someone to clean it up. A customer slips and injures herself. The store was negligent because it has a duty of care to maintain a reasonably safe place of business.

    If, OTOH, the spill just happened a minute before the fall, and somone had already been dispatched to clean it up -- probably no negligence.

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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    Quote Originally Posted by ludahai View Post
    article

    This is pretty insane...

    Shouldn't Florida law and thus Florida courts be at issue here and not New York? This occurred in Florida. I would be totally surprised if this woman doesn't win something, given she is in New York, but I could totally see Costco winning an appeal in a federal court. This is insane.
    This is what you call insane? Seriously? A minor, token procedural request? This is on the level of one of your car tires being 3psi low. This is the kind of decision there doesn't even need to be a hearing for, but you want us to believe there was a full-blown trial-by-jury just to decide where the lawsuit was going to be held. Holy crap!

    Notice how the article makes it sound like the poor, defenseless old woman had to "beat back" the big bad corporation. Oh noes! More like her pro-bono ambulance-chasing former used-car-salesman lawyer was sent a motion, he put down the scotch long enough to pen a 'response', the judge read both and snail-mailed each party his decision; and then to get some fame her trailer-trash patched-elbow bearly-passed-the-bar-on-the-3rd-try porno-mustache yellow toothed magnum-PI wannabe "lawyer" (who's probably also her son in-law) sent an anonymous tip to a few newspapers.

    It's not Cosco's fault she spilled her drink...or that another customer just spilled immediately before her slip, and thus didn't have a reasonable amount of time to clean it. Good thing it wasn't hot coffee.

    Relax folks, Cosco will settle. They always do....because if the lil old lady doesn't play along Cosco can drag this out past her death....she is 74, after all.
    Last edited by Jerry; 08-28-11 at 01:58 PM.

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