Santa Rosa Costco was not negligent in a slip-and-fall accident allegedly caused by a piece of food left on the floor – possibly an errant pot sticker, a jury found Wednesday.
By a vote of 10 to 2, jurors rejected a claim from Laura Campos, 47 of Ukiah, who sought $300,000 in damages to cover medical expenses and lost wages from her back injury.
The verdict, reached in less than an hour, came after about five days of trial testimony from doctors, store employees and Campos.
"There was much discussion," juror Norma Gutierrez said as she left the courtroom. "It was a little heated and emotional."
Campos, a former landscaper, had leaned on a cane and cried in court as she recounted how she slipped on a cream-colored substance while reaching for a pack of pork ribs.
Gutierrez said there was little disagreement that Campos was hurt by the Feb. 22, 2010 fall. But she said most jurors felt Costco did a fair job of maintaining the 150,000-square-foot store considering the thousands of daily customers, many taking advantage of free food samples.
A majority of the panel answered no to the question of whether Costco was "negligent in the use or maintenance of its property," ending further deliberations about damages.
"There was a lot of evidence at trial that Costco is serious about safety," said Max Beach, a lawyer for the store. "We're grateful the jury was able to see that." Campos had argued the store did not check the floor often enough, allowing a dangerous condition to exist.
Her lawyer, Pano Stephens, said hourly checks were inadequate. After Campos fell, he said the store realized its mistake and an employee quickly cleaned the smear. But Campos' husband, Ignacio Estrada, took a picture of her food-encrusted shoe with his cell phone camera.
Stephens asked jurors to award $260,000 to Campos and another $40,000 to Estrada for loss of companionship.
He said the jury could award more, sending a message that Costco needs to inspect the floor more often for debris.
"How do you send that message?" Stephens asked. "Make an award that's proper."
Beach in his closing said it was natural to feel compassion for someone who is hurt but argued the store was not responsible for Campos. Earlier, he played a security camera video taken minutes after the fall that appeared to show Campos laughing with employees before she was led off on a stretcher.
Beach appealed to jurors who enjoy "simple pleasures" such as free samples and urged them to reject her claim.
"We all see lawsuits encroaching on freedoms and behaviors," Beach said. "Even if something is reasonable you can end up in court."
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