Photo: Shutterstock.comStore Denies Food Court Visitor Slipped on Ice Cream
Costco was cleared of liability after a customer's fall in the warehouse store's food court.
November 25, 2019 at 09:47 AM
1 minute read
PREMISES LIABILITY
US DISTRICT COURT, FORT MYERS
A jury ruled for Costco against a shopper who claimed he slipped on ice cream in the food court and injured his shoulder.
Dorin Trofin, then 46, said he was sitting at a table in the Fort Myers warehouse store when he stood up and fell because of melted ice cream on the floor in October 2016. Trofin tore his right shoulder.
The defense maintained Trofin fell after catching his shoe on his seat leg and there was no ice cream on the floor based on the testimony of a store cashier who witnessed the incident. The jury sided with Costco.
Case: Trofin v. Costco Wholesale
Case No.: 2:18-cv-00338-MRM
Plaintiffs attorneys: Jason R. Leonard and Joshua D. Molandes, Morgan & Morgan, Fort Myers
Defense attorney: David W. Grossman, Simon, Reed & Salazar, Miami
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