Costco Trip Ended in Permanent Brain Damage, According to Lawsuit in Connecticut
Peter Aurigemma Jr. suffered serious injuries, including brain damage, at a Connecticut Costco in 2016, according to his complaint.
October 17, 2018 at 02:55 PM
3 minute read
A 62-year-old North Salem, New York, resident who suffered irreversible brain damage in a freak accident at a Brookfield Costco in 2016 has sued the wholesale chain for monetary damages.
In the lawsuit, filed Tuesday in U.S. District Court for the District of Connecticut in Hartford, Peter Aurigemma Jr. claims he was attempting to remove a package of paper towels from the top of a display pallet when he suffered major injuries.
The seven-page lawsuit says Aurigemma was struck in the face above his left eye by a falling steel rod that was approximately 40 inches long and three inches wide. It says the steel rod struck Aurigemma causing irreversible brain damage.
Aurigemma suffered a concussion, nerve and muscle damage to his face and around his left eye, neurological dexterity deficiencies in his left hand, migraine headaches, light and noise sensitivities, change in mood and behavior, and short-term memory lapses, according to his complaint.
As all federal lawsuits do, the Aurigemma complaint seeks at least $75,000 in damages. It claims the wholesale chain should be held liable for the accident, and alleges Costco “provided no warning to the plaintiff of the unsafe, dangerous or defective conditions” at the display pallet.
Costco, which is headquartered in Washington state, does not have a public affairs department. But John Dahmen, Costco's financial planning and investor relations director, told the Connecticut Law Tribune Wednesday that the company does not comment on pending lawsuits.
The suit says the store was negligent and careless, and that Costco ”created an unsafe, dangerous, or defective condition on their premises by leaving or placing a steel rod in a location trafficked by customers that could not be detected by plaintiff, or other customers.” And, the suit continues, store personnel “stacked the self-service display pallet to a height (seven to eight feet) that would prevent plaintiff, or others similarly situated, from discovering any unsafe, dangerous, or defective condition on top of their display.”
Aurigemma had to undergo medical examinations, tests, painful treatments, physical therapy and surgeries, according to his complaint. It was not clear Wednesday how much the plaintiff had incurred in medical expenses.
At one point, the lawsuit states, Aurigemma was prescribed nonsteroidal anti-inflammatory drugs to help alleviate his injuries. The medication, though, caused Aurigemma to suffer a gastrointestinal bleed that required a colonoscopy.
Aurigemma is being represented by Christopher Sochacki of Litchfield-based Cramer & Anderson. Sochacki said Wednesday he would need his client's permission before discussing the matter, and did not respond with further comment by press time.
Judge Robert Chatigny will hear the case.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDC Judge Rules Russia Not Immune in Ukrainian Arbitration Award Dispute
2 minute readRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
Trending Stories
- 1Sterlington Brings On Former Office Leader From Ashurst
- 2DOJ Takes on Largest NFT Scheme That Points to Larger Trend
- 3Arnold & Porter Matches Market Year-End Bonus, Requires Billable Threshold for Special Bonuses
- 4Advising 'Capital-Intensive Spaces' Fuels Corporate Practice Growth For Haynes and Boone
- 5Big Law’s Year—as Told in Commentaries
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250