A US woman suing Costco for US$14m after a display cabinet allegedly fell on her in a California store, causing a traumatic brain injury.
Sadie Novotny filed the lawsuit against Costco Wholesale Corporation following the 22 March incident at the company’s Santa Rosa store in northern California.
According to court documents, Novotny was walking down an aisle when she alleges a large, heavy cabinet used to display liquor suddenly toppled onto her.
The lawsuit claims Novotny suffered multiple severe and permanent injuries, including a traumatic brain injury – damage to the brain caused by a sudden blow or impact to the head.
She is seeking US$9m for pain and suffering, US$5m for emotional distress, and additional compensation for medical expenses and lost wages.
Originally filed in Alameda County Superior Court, the case has been moved to federal court at Costco’s request. A case management conference is scheduled for 4 September at the San Francisco Federal Courthouse.
According to the lawsuit, the cabinet was displayed on what is described as a defective or worn wooden pallet.
The filing argues that this created an unsafe situation for shoppers, claiming the display was “set up in an unreasonably dangerous manner”.
The lawsuit alleges Costco failed to properly inspect and maintain the display, arguing the company should have known about the danger and either fixed it or warned customers about the risk.
Claude Armand Wyle, Novotny’s attorney, claimed to ABC News that a Costco representative told him they have a video of the incident but will not send it to him to review.
“The employee told me that the video didn’t happen the way I explained it,” Wyle said.
“I told her, ‘Well, send it.’ She then said, ‘Oh no, you can only get that video through discovery.’”
“That meant I had to file a lawsuit,” he added. “I couldn’t investigate any further. I was stuck. If I wanted to get to the truth, I had to file a lawsuit.”
Wyle told ABC News that Novotny went to the hospital an hour after the incident after she told her husband she felt “really bad”.
“When she arrived at the hospital, doctors diagnosed her with a concussion,” Wyle said.
“She suffered a head injury. We don’t know how bad it is yet.”
A concussion is a type of traumatic brain injury caused by a jolt or blow to the head that disrupts normal brain function.
Wyle said his client feels slightly better but still suffers from headaches and vision problems.
The lawsuit is seeking compensation for current and future medical expenses, estimated at US$2m, along with lost earnings and future earning capacity losses of approximately US$2m.
Additional damages are being sought for loss of household services.
