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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.
the law on jurisdiction is sketchy, and it's all up to the judge, essentially.
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-
It amazing people actually survive the day.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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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.
All I have to say is that I think the whole "I slipped and fell on your property so it's your fault" is a crock of ****.
That's not what I was saying. Basically this is a no brainer. Jurisdiction and venue are proper in NY.
Well, it is up to the appeals process mostly when jurisdiction is contested, and YES circumstances do vary, and weigh heavily on the decision. My guss is that AdamT is correct in-that, Costco has stores in NY, but it may or may not have stores in the county where this woman resides? If not, then this woman will have a hard time getting a NY court to hear her case, BUT, hardship and travel could be a mitigating factor in deciding jurisdiction in this matter. Another factor would be if this woman spends a significant time each year in Florida, which a lot of New Yorkers do. If she does, her claim of hardship might get thrown out..
Point is that it isn't so cut and dry. Both FL, NY courts have subject matter jurisdiction, the case will come down to personal jurisdiction, and whether Costco or the plaintiff can make a showing that personal jurisdiction is relevant in decidiing this particular matter. If the matter was so cut and dry as you suggest, Guy, then why do we always spend years trying to resolve who has jurisdiction?
Tim-
It's not that simple. Yes falling on one's property is not the question here. It's whether Costco was negligent, and whether this negligence was directly related to the incident.
Tim-
It'll be filed in a State Supreme court for whatever county she resides.. Where did I say it would be federal?
Tim-
Please convince me that slipping is not negligence by the person who slipped.
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.
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.
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.
I still argue that under those circumstances, it's unlikey the slippery substance isn't visible. Watch where you're walking.
It's not that simple. Yes falling on one's property is not the question here. It's whether Costco was negligent, and whether this negligence was directly related to the incident.
Tim-
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