The plaintiff said he had suffered a traumatic brain injury after the incident.
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The California woman was seriously injured after suing Costco for more than $14 million after the display cabinet fell on her at one of the wholesaler’s stores, she says.
Sadi No Botney of Santa Rosa, California filed a lawsuit on April 29, alleging that Costco acted negligently by failing to properly manage the items in the store, leading to injuries.
The lawsuit was initially filed in California Superior Court in Alameda County, but was moved to US District Court in Northern California on June 5 at the request of a Costco lawyer.
USA Today contacted Costco for comments.
Why is Costco sued? Woman tells her that the exhibit has fallen
Novotny’s lawsuit says he was shopping at a Costco store in Santa Rosa, California on March 22nd.
The case has caused Novotny’s “head, catastrophic” injuries, including head and traumatic brain injuries, the lawsuit says.
According to a Costco case report attached to the complaint, Novotney said she and her husband were buying a cabinet of liquor when the floor model fell on her.
She caught the cabinet and pushed it back, but added that her right shoulder, forearm, hands, fingers and hips were hurting right after the incident, according to the report.
The lawsuit alleges negligence, facility and product liability
In addition to general negligence, Novotny sues facility liability and product liability.
According to Justia, in a personal injury lawsuit claiming liability for the facility, the property owner is liable for damages caused by property injuries. According to Cornell Law School, product liability refers to defective consumer items.
The lawsuit alleges that Costco “negligently failed to properly manage and operate stores and products.” The wholesaler also stated that it had “failed to neglect to train, manage and supervise employees,” resulting in the Cabinet being injured Novotny.
The cabinet was “in a dangerous and/or unstable position,” the complaint states, as it had thin legs and was on a worn wooden pallet.
Woman seeks more than $14 million in damages in Costco lawsuit
According to the lawsuit, Novotney is seeking $14,110,000 in damages. They are:
- $5 million for emotional pain
- $5 million for pain, suffering, and inconvenience
- $2 million for future medical expenses
- $2 million for loss in future revenue capacity
- Previous medical expenses have been $50,000
- $50,000 for previous revenue losses
- $10,000 for loss of household services
Melina Kahn is a national trending reporter for USA Today. She can be contacted at melina.khan@usatoday.com.
This story has been updated to add videos.