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

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

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    This is pretty insane...

    NEW YORK (Reuters) - A 74-year-old woman who said she was injured after falling in a Costco store in Florida beat back the retailer's effort to move the case to that state because it was too much trouble to defend itself in New York.
    Theresa Danza sued Costco in her hometown of Brooklyn, New York, claiming she was hospitalized for spinal and shoulder trauma and needed months of treatment by a chiropractor after a tumble in a Costco in North Miami, Florida, on January 24, 2009.
    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.
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    Re: Costco can't move "I slipped on a slurpee" lawsuit

    If you see a mess on the floor don't slip on it. It should help avoid any sort of falling.

    Messes happen in stores. Try to not WALK in them idiots. Why businesses should pay for such things is something I will never understand.

    As for the whining from the judge about money. Meh, its part of society these days.

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

    The issue is getting hurt in Florida and then suing in NY. Whether she has a case or not, I don't know but the suit should be held in FLorida.

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

    I believe the Law states that Florida would have jurisdiction in this matter, but precedent is all over the place on this, and if the woman can show hardship, and various other legal tests the trial could be moved to NY. I doubt it very much, but the law on jurisdiction is sketchy, and it's all up to the judge, essentially.


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

    Costco has stores in NY. There's no doubt that NY courts have personal jurisdiction over them. Venue is also proper per NY law, which states:

    "§ 503. Venue based on residence. (a) Generally. Except where otherwise
    prescribed by law, the place of trial shall be in the county in which
    one of the parties resided when it was commenced; or, if none of the
    parties then resided in the state, in any county designated by the
    plaintiff. A party resident in more than one county shall be deemed a
    resident of each such county."

    Courts also look at the convenience of the parties. In this case the alleged tort occurred in Florida, but I'm sure that a lot of the medical experts and witnesses will be in NY.

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

    Yep, it could go either way.. My guess is that this woman will spend much of the next three years fighting just about this, and the relief sought by her will no doubt make her lawyers rich(er)..


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

    Quote Originally Posted by Hicup View Post
    the law on jurisdiction is sketchy, and it's all up to the judge, essentially.
    This is false on both counts.

    The law of jurisdiction is not "sketchy," nor is it essentially up to the judge.

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

    Costco has ongoing and continuous business in New York state, hence it is subject to the jurisdiction of New York's courts.

    There is a sound basis for jurisdiction in this case, it is a non-issue. People like to spin cases like this as if it is plaintiff's lawyer run amok, but in reality Costco has an obligation to protect its customers from injury. This woman lives in New York, and Costco runs a business in New York, there is no reason she should have to trek down to Florida to get compensation for her injuries.

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

    Quote Originally Posted by Hicup View Post
    Yep, it could go either way.. My guess is that this woman will spend much of the next three years fighting just about this, and the relief sought by her will no doubt make her lawyers rich(er)..


    Tim-
    That's not what I was saying. Basically this is a no brainer. Jurisdiction and venue are proper in NY.

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

    Quote Originally Posted by Henrin View Post
    If you see a mess on the floor don't slip on it. It should help avoid any sort of falling.

    Messes happen in stores. Try to not WALK in them idiots. Why businesses should pay for such things is something I will never understand.

    As for the whining from the judge about money. Meh, its part of society these days.
    It amazing people actually survive the day.

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