NEW YORK (Reuters) – Theresa Danza, a 74-year-old woman who said she was injured after a January 2009 slip and fall in a Costco store in Florida beat back Costco’s effort to move the case to that state because it was too much trouble to defend itself in New York. Costco claimed prejudice if the case stayed in New York, and cited the cost of locating and interviewing witnesses.
On August 24, 2011, New York State Supreme Court Justice Arthur Schack ruled that it would be more inconvenient for Danza to fly her witnesses to Florida than for Costco to fly its employee witnesses to New York. In Costco’s last fiscal year, it reported profits of $1.3 billion on revenue of $77.95 billion.
In balancing the interests of plaintiff Danza against those of defendant Costco, the Court held that it would not be in the interest of substantial justice to try this action in Florida instead of New York.
The case is Danza v. Costco Wholesale Corp, New York State Supreme Court, Kings County, No. 31512/2010.
For full article see: Costco Can’t Move “I Slipped On A Slurpee” Lawsuit from U.S. News | Reuters.com | Jonathan Stempel | 08/25/11