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Fleming v. Costco Wholesale Corp.

Shopper May Proceed on Actual Notice Theory of Negligence in Slip, Fall Action

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MEMORANDUM DECISION AND ORDER On December 29, 2016, the plaintiff filed a complaint in the New York Supreme Court, alleging that the defendant’s negligence caused her to slip and fall in a Brooklyn Costco store. (ECF No. 1 at 7-8.) The defendant removed the action to federal court on May 11, 2017 (ECF No. 1 at 1-4), and moved for summary judgment on December 18, 2019 (ECF No. 31). The plaintiff opposes the motion for summary judgment. (ECF No. 36.) For the reasons that follow, the defendant’s motion is granted in part and denied in part. BACKGROUND¹ On March 7, 2016, the plaintiff went to the Brooklyn Costco Warehouse with her niece, Miranda Richardson. (ECF No. 30, Def. Rule 56.1 Statement (“Def. 56.1″)

1-3.)² Shortly after she entered the store, the plaintiff noticed a round piece of red cake, approximately four to five inches in diameter, on the floor near the bread and produce displays. (Id.

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