Texas Jury Returns Defense Verdict in Costco Slip and Fall Lawsuit

Kutchinski V. Costco Wholesale Corporation Et Al

Case Background

On January 10, 2024, Audri Kutchinski filed a premises liability lawsuit against Costco Wholesale Corporation after an accidental fall due to water or some other slippery substance on the floor. The lawsuit was filed in the United States District Court, Texas Southern (Houston). Judge George C Hanks, Jr presided over this Costco slip and fall case. [Case number: 4:22cv83]

Cause

Plaintiff Audri Kutchinski lived in Harris County, Texas, at the time of the incident. Defendant, Costco Wholesale Corporation, is a Washington corporation with its main office located at 999 Lake Drive, Issaquah, Washington. This lawsuit stems from a fall that occurred on December 29, 2019, when Plaintiff was shopping at the Costco store on Jasmine Avenue in Webster, Texas.

While shopping, Ms. Kutchinski slipped on a water puddle or another slippery substance inside the store. The fall caused her to sustain serious and permanent injuries to her legs, back, neck, head, and other parts of her body.

After the fall, Costco’s agents, employees, and representatives informed Plaintiff that the store management had prior knowledge of the hazardous condition.

Injury

Damages

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Audri Kutchinski
  • Counsel for Plaintiff(s): Buffy Kay Martines
  • Experts for Plaintiff(s): Dr. Kenneth Eugene Lehrer | Dr. Todd D. Cowan | Dr. Ken Korthauer | Timothy Weise

• Defendant(s): Costco Wholesale Corporation
  • Counsel for Defendant(s): David Wayne Medack
  • Experts for Defendant(s): David W. Edelstein, M.D

Claims

Kutchinski brought up the following claims:

NegligenceDefendant had a duty to maintain safe premises and inspect for hazards. Defendant failed in this duty, leading to Plaintiff’s permanent injuries, including to her hands, back, and legs. These injuries caused medical expenses, pain, suffering, lost wages, and loss of earning capacity. Before the accident, Plaintiff was employed and could care for her family. After the fall, she was unable to perform these activities. Plaintiff also incurred costs for services she could no longer provide. A Costco representative, Zac Stonebarger, admitted that Defendant’s negligence caused the accident.

Premises Liability

Plaintiff was an invitee on Defendant’s premises, which were unsafe due to a hazardous condition. Defendant knew or should have known about the danger, which caused Plaintiff’s injuries. These injuries resulted in medical expenses and lost wages, with future costs expected.

Plaintiff sought damages over $75,000, excluding interest and costs, and may have been entitled to punitive damages.

Defense

Defendant, Costco Wholesale Corporation, denied breaching any duty of care and argued that Plaintiff’s own actions or those of third parties contributed to the damages. Defendant claimed that Plaintiff failed to mitigate her damages and that any recovery should be reduced accordingly.

In the event of liability, Defendant sought indemnity, credits, or offsets under Texas law and asserted that Plaintiff’s claims were barred if her responsibility exceeded 50%. Defendant also raised defenses related to pre-existing conditions, damage caps, and limitations on punitive damages, arguing that such damages would violate constitutional protections.

Expert Testimony

Jury Verdict

On October 7, 2024, the jury returned a unanimous verdict in favor of Defendant Costco, finding that neither party was negligent. On November 7, 2024, Judge George C Hanks, Jr entered a judgment consistent with the verdict.

Court Documents:

Available upon request