Tonya Jordan V. Costco Wholesale Corporation

Case Background

On September 21, 2022, Plaintiff Tonya Jordon filed a Premises Liability lawsuit in the United States District Court, Texas Northern (Fort Worth) [Case number: 4:22cv848]. Senior Judge Terry R Means presided over this case. The pallet jack injury incident formed the basis of the premises liability lawsuit against Costco Wholesale Corporation for negligence

Cause

On November 6, 2020, Tonya Jordan visited the Costco store at 600 Arbrook Blvd., Arlington, Texas, intending to shop for household essentials. While browsing the Household Essentials aisle, she approached a nearby Costco employee operating a pallet jack. She asked the employee for the price of an item. After receiving a response, she returned to the employee and began setting the item down. At that moment, the employee negligently maneuvered the pallet jack, striking her right lower extremity. The pallet jack wheels rolled over her foot, and its push rods forcefully impacted her ankle and leg.

The severe impact caused significant pain and left her unable to move without assistance. Shockingly, the employee walked away without offering aid or reporting the incident to a supervisor, leaving her distressed on the ground.

Injuries

The accident caused Tonya Jordan to suffer severe injuries, significantly disrupting her life. The pallet jack wheels crushed her right foot, while its push rods inflicted deep tissue damage on her ankle and leg. These injuries required immediate medical attention and led to surgery. She experienced extreme physical pain, limited mobility, and persistent discomfort.

Beyond the physical toll, she endured emotional trauma, including mental anguish, distress, and fears about her long-term recovery. The injuries left her physically impaired, and she continues to face ongoing challenges with mobility and daily activities.

Damages

The retail store accident resulted in extensive damages affecting multiple aspects of Tonya Jordan’s life. She incurred substantial medical expenses for treatment, surgery, and continued care. The accident caused her to miss work, leading to lost income and diminished earning capacity.

Additionally, her injuries caused severe physical pain, visible disfigurement, and long-term physical impairment. These effects have restricted her ability to perform routine tasks and significantly impacted her psychological and emotional well-being. The Costco accident lawsuit emphasized that these damages were entirely preventable had the Defendant exercised reasonable care.She also sought exemplary damages, claiming gross negligence and a willful disregard for customer safety. The customer injury claims emphasized Costco’s failure to take reasonable steps to prevent the accident and protect business invitees. She also sought exemplary damages, claiming gross negligence and a willful disregard for customer safety.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Tonya Jordan
    • Counsel for Plaintiff: Richard Ross Hyde , Jr | Wade A Barrow
  • Defendant(s): Costco Wholesale Corporation | Tim Sawyer
    • Counsel for Defendants: John M Cox | Leigh Margaret Taylor

Claims

Tonya Jordan asserted that Costco Wholesale Corporation failed in its duty to ensure a safe shopping environment for customers. She alleged that the employee operating the pallet jack acted negligently by failing to keep a proper lookout, operating recklessly, and failing to avoid contact with customers.

Costco was accused of inadequate hiring, training, and supervision of employees. By employing an individual who operated equipment unsafely, Costco created an unreasonably hazardous condition. The Plaintiff invoked the doctrine of respondeat superior, holding Costco vicariously liable for its employee’s negligence, as the incident occurred within the scope of employment.

Defense

Costco Wholesale Corporation denied all allegations of negligence and gross negligence. The company argued that it had no actual or constructive knowledge of any dangerous conditions in the store. It contended that the Plaintiff bore some responsibility for the incident by failing to exercise proper caution while in the aisle.

Costco invoked the defense of comparative responsibility, asserting that the Plaintiff’s actions contributed to or solely caused her injuries. It claimed that the alleged hazard, the pallet jack operation, was neither unreasonably dangerous nor hidden. Costco argued that the condition was open and obvious or one the Plaintiff should have reasonably anticipated.

The company further denied any negligence in hiring, training, or supervising its employees, maintaining that they were adequately prepared. Additionally, Costco argued that the Plaintiff failed to mitigate her damages by not seeking timely medical care or following appropriate advice. Costco disputed claims for exemplary damages, arguing they lacked legal grounds and violated constitutional protections. It requested the Court limit recovery to actual damages under Texas law and dismiss all claims of gross negligence or willful misconduct.

Jury Verdict

On October 16, 2024, the jury found in favor of Tonya Jordan and awarded her damages for injuries sustained in the incident. They determined she endured $90,000 for physical pain, $90,000 for mental anguish, and $97,000 for physical impairment in the past. Additionally, the jury awarded $124,000 for necessary medical expenses.

The total damages awarded amounted to $401,000, reflecting the significant impact of the Defendant’s negligence on her life and well-being in a pallet jack injury lawsuit.

Court Documents:

Documents Available for Purchase upon Request