Danella Lugo V. Costco Wholesale Corporation Et Al

Case Background

On July 20, 2022, Plaintiff Danella Lugo filed a Premises Liability lawsuit in the United States District Court, California Central(Southern Division – Santa Ana) (Case number:  8:22cv1349). Magistrate Judge Karen E. Scott presided over this case.

Cause

Danella Lugo filed a premises liability lawsuit against Costco Wholesale Corporation, alleging negligence on February 26, 2021. The incident occurred at a Costco store in Fullerton, California, located at 900 S. Harbor Blvd. Lugo claimed that Costco negligently owned, operated, and maintained the premises, which directly caused her injuries. She alleged that Costco failed to ensure a safe environment for customers, thereby breaching its duty of care.

Injuries

Lugo sustained injuries directly tied to the unsafe condition of the premises. Her injuries required significant medical attention, resulting in substantial medical expenses of approximately $150,000. These costs covered treatments addressing injuries that impacted her quality of life and ability to perform daily activities.

Damages

In her premises liability lawsuit, Lugo sought both general and special damages. General damages included compensation for pain and suffering caused by her injuries. Special damages encompassed her medical expenses, loss of earnings, and additional costs incurred due to the incident. The total claimed damages exceeded $75,000, meeting the federal jurisdiction threshold.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Danella Lugo
    • Counsel for Plaintiff: Samin T. Zamanian | Sara E. Razavi | Steven Douglas Baric
  • Experts for Plaintiff(s): Defendant(s): Costco Wholesale Corporation | Pedro Molera
    • Counsel for Defendants: Julian Sinclair Smith | Stephen M. Harber

 Claims

Lugo alleged premises liability and negligence against Costco. She contended that Costco failed to exercise reasonable care in maintaining a safe environment, directly leading to her injuries. This breach of duty formed the foundation of her premises liability lawsuit, where she sought a jury trial to recover damages for the injuries and losses she sustained.

Defense

Costco Wholesale Corporation presented multiple defenses in response to the premises liability lawsuit filed by Lugo. The company denied all allegations, asserting that Lugo failed to establish a valid cause of action. Costco argued that Lugo’s injuries were unrelated to any negligence on its part.

Costco also alleged that Lugo acted negligently and failed to exercise reasonable care for her own safety, contributing to the incident. Based on comparative negligence, the defense argued that any damages should be reduced proportionally. Costco claimed Lugo voluntarily assumed all risks by knowingly exposing herself to potential hazards.

The defense further argued that the property condition was not dangerous and posed no substantial risk of injury. If any risk existed, it was trivial and did not constitute negligence. Additionally, Costco contended that neither the company nor its employees created, knew of, or had notice of hazardous conditions on the premises.

Costco also suggested that third-party actions might have contributed to or caused Lugo’s injuries, absolving the company of liability. The defense asserted that the lawsuit might be barred under applicable statutes of limitation and requested the Court dismiss Lugo’s claims while awarding reimbursement for legal costs.

Jury Verdict

On December 6, 2024, the jury rendered a verdict in favor of Defendant Costco Wholesale Corporation. The jury found that Costco was not negligent in the use or maintenance of its property. The evidence presented by Plaintiff Danella Lugo was deemed insufficient to prove that Costco breached its duty of care or that its actions caused her injuries. As a result, the Court dismissed Lugo’s premises liability lawsuit, clearing Costco of all liability and claims for damages.

Court Documents:

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