Page 4 of 11 FirstFirst ... 23456 ... LastLast
Results 31 to 40 of 108

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

  1. #31
    Banned
    Join Date
    Jan 2006
    Location
    United States
    Last Seen
    01-21-16 @ 12:21 PM
    Gender
    Lean
    Independent
    Posts
    51,124

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

    Quote Originally Posted by Guy Incognito View Post
    This is your advice to an elderly woman? How heartless.
    Do you know why Cosco/Sams/Wall-depot/mart/max have electric carts and ****?

    Because old ladys don't see **** EVERYONE ELSE sees and avoids, they slip in it, they fall, they sue.

    You can't slip and fall if your already sitting in a ****ing cart. DUH!

    "Oh look at me I'm in my 'golden years' and I'm independent and I can do whatever I-*whop-splat*".

    Better get that Life-Alert!

  2. #32
    Guru
    deltabtry's Avatar
    Join Date
    Jan 2010
    Location
    MA.
    Last Seen
    11-26-16 @ 03:07 PM
    Gender
    Lean
    Very Conservative
    Posts
    4,021

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

    Quote Originally Posted by Jerry View Post
    Do you know why Cosco/Sams/Wall-depot/mart/max have electric carts and ****?

    Because old ladys don't see **** EVERYONE ELSE sees and avoids, they slip in it, they fall, they sue.

    You can't slip and fall if your already sitting in a ****ing cart. DUH!

    "Oh look at me I'm in my 'golden years' and I'm independent and I can do whatever I-*whop-splat*".

    Better get that Life-Alert!
    Well they can always get the clap, uh I mean the clapper.

  3. #33
    Guru
    Aderleth's Avatar
    Join Date
    Apr 2011
    Last Seen
    04-08-16 @ 06:26 PM
    Gender
    Lean
    Other
    Posts
    4,294

    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 kind of thing is fairly common for plaintiffs suing large companies. In general (and the details are very complicated) a company may be sued in any state in which it transacts any significant amount of business.
    Reading between the lines, Wall-Mart seems to have been arguing to have the case removed to Florida under a doctrine called Forum Non Conveniens, which allows for removal of cases that might potentially be tried in a number of forums to one more convenient for the party making the motion. Based on what I saw in the article, the judge correctly looked to the relevant factors (relative financial costs to the parties vs relative financial strength of the parties; where the witnesses are located, etc) and reached a totally understandable decision. Wall-Mart has stores in every state in the union, and probably has legal teams pretty much everywhere. Flying a couple of employees up to New York to testify is a much less significant problem for it than it would be for an old lady to spend money to fly down to Florida and potentially spend days or weeks paying for a hotel room.

  4. #34
    Banned
    Join Date
    Jan 2006
    Location
    United States
    Last Seen
    01-21-16 @ 12:21 PM
    Gender
    Lean
    Independent
    Posts
    51,124

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

    Quote Originally Posted by deltabtry View Post
    Well they can always get the clap, uh I mean the clapper.
    NOT going there, next post please

  5. #35
    Banned
    Join Date
    Feb 2011
    Location
    Everywhere and Nowhere
    Last Seen
    03-07-12 @ 03:28 AM
    Lean
    Independent
    Posts
    3,692

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

    There have been plenty of cases of something happening in a different state, but the lawsuit is filed in the state where the defendant's head office is.

    Unless the Costco name is franchised under a different ownership in Florida (i.e. a subsidiary), then the corporate entity is considered to be universally the same regardless of what state it's in.

  6. #36
    Banned
    Join Date
    Mar 2010
    Last Seen
    07-19-17 @ 03:51 PM
    Gender
    Lean
    Libertarian
    Posts
    60,458

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

    Quote Originally Posted by AdamT View Post
    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.
    This is getting dumb. Now we are judging on how long the spill was there? Really? Like I said, spills happen. It's up to the people in the stores to watch their feet to avoid falls. Its not negligent no matter how long it stays there.
    Last edited by Henrin; 08-29-11 at 06:03 AM.

  7. #37
    Sage
    AdamT's Avatar
    Join Date
    Jul 2011
    Last Seen
    02-13-13 @ 04:09 PM
    Gender
    Lean
    Undisclosed
    Posts
    17,773

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

    Quote Originally Posted by Henrin View Post
    This is getting dumb. Now we are judging on how long the spill was there? Really? Like I said, spills happen. It's up to the people in the stores to watch their feet to avoid falls. Its not negligent no matter how long it stays there.
    As a matter of law it is up to the store to maintain a reasonably safe environment. This is a common law principle that's been around for hundreds of years.

  8. #38
    Defender of the Faith
    ludahai's Avatar
    Join Date
    Apr 2005
    Location
    Taichung, Taiwan - 2017 East Asian Games Candidate City
    Last Seen
    07-03-13 @ 02:22 AM
    Gender
    Lean
    Very Conservative
    Posts
    10,320

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

    Quote Originally Posted by AdamT View Post
    The case is filed in state court, so (federal) subject matter jurisdiction doesn't come into play. The case will go forward in NY.
    Unless there are issues having to do with the Federal Constitution.

    The incident took place in Florida. As such, shouldn't FLORIDA law, not NEW YORK law, be the deciding factor in how this plays out?
    Semper Paratus
    Boston = City of Champions: Bruins 2011; Celtics 2008; Red Sox 2004, 2007; Patriots 2002, 2004, 2005
    Jon Huntsman for President

  9. #39
    Sage
    AdamT's Avatar
    Join Date
    Jul 2011
    Last Seen
    02-13-13 @ 04:09 PM
    Gender
    Lean
    Undisclosed
    Posts
    17,773

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

    Quote Originally Posted by ludahai View Post
    The incident took place in Florida. As such, shouldn't FLORIDA law, not NEW YORK law, be the deciding factor in how this plays out?
    Yep, it will be decided under Florida law. But I doubt there's much difference. Pretty standard premises liability stuff.

  10. #40
    Banned
    Join Date
    Mar 2010
    Last Seen
    07-19-17 @ 03:51 PM
    Gender
    Lean
    Libertarian
    Posts
    60,458

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

    Quote Originally Posted by AdamT View Post
    As a matter of law it is up to the store to maintain a reasonably safe environment. This is a common law principle that's been around for hundreds of years.
    As a matter of common sense you watch where you're going anywhere you are. This is a common practice that has been around even before the human race existed.

    We shouldn't be anal over things trying to find out how long ago something happened to avoid common sense.
    Last edited by Henrin; 08-29-11 at 10:28 PM.

Page 4 of 11 FirstFirst ... 23456 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •