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Slip, fall on spilled food at Costco caused injury: plaintiff

Amount:

$142,850

Type:

Verdict-Plaintiff

State:

Illinois

Venue:

Cook County

Court:

Cook County Circuit Court

Injury Type(s):

ankle-fracture, distal fibula;
other-physical therapy; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type:

Premises Liability – Store; Slips, Trips & Falls – Slip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Case Name:

Kamruddin J. Babool v. Costco Wholesale Corp.,
No. 2013-L-062004

Date:

September 30, 2015

Parties

Plaintiff(s):

Kamruddin J. Babool (Male, 76 Years)

Plaintiff Attorney(s):

Zachary K. Sims;
Sims Law Office;
Glenview,
IL,
for
Kamruddin J. Babool

Defendant(s):

Costco Wholesale Corp.

Defense Attorney(s):

Lee J. Schoen;
Law Offices of Lee J. Schoen;
Chicago,
IL,
for
Costco Wholesale Corp.

Insurer(s):

self-insured

Facts:

On Oct. 8, 2012, plaintiff Kamruddin Babool, 76, retired, was shopping in a Mount Prospect Costco when he slipped and fell. Babool sued Costco, claiming premises liability. Plaintiff’s counsel claimed Babool slipped on hummus that had fallen on the floor while an employee of a third party vendor was handing it out as samples. Babool’s counsel claimed Costco employees failed to remediate this dangerous condition despite having constructive notice. Further, plaintiff’s counsel alleged the amount of hummus dropped was large enough to be open and obvious to Costco employees but not to Babool, that multiple employees were in and around the area, and that the color and consistency of the hummus indicated it had been on the floor for a considerable length of time before Babool’s fall. Costco denied premises liability. Defense counsel denied Costco had constructive notice, arguing there was no evidence to establish exactly how long the hummus was on the floor. The defense maintained the hazard was open and obvious and Babool bore comparative liability, arguing that by Babool’s testimony and plaintiff counsel’s arguments the hummus was easily visible.

Injury:

Babool was transported by ambulance to the emergency room. He claimed to have sustained a fracture of his left, distal fibula. Babool underwent open reduction and internal fixation surgery. Babool claimed his injury continues to cause difficulty in walking and prevents him from playing with his grandchildren. In addition, he claimed he was left with visible, surgical scars. Babool sought $38,519 for medical expenses, $75,000 to $125,000 for past pain and suffering, $15,000 to $35,000 for past loss of normal life and $5,000 for disfigurement.

Result:

The jury found Costco 87.75 percent liable and Babool 12.25 percent. Babool was awarded $142,850, reduced to $125,350.88 for comparative liability.

Kamruddin J. Babool: $39,000 Personal Injury: Past Medical Cost; $84,000 Personal Injury: Past Pain And Suffering; $4,600 Personal Injury: Past Disfigurement; $15,250 Personal Injury: Loss Of Normal Life

Actual Award:

$125,350.88

Trial Information:

Judge:

Roger G. Fein

Trial Length:

3
days

Trial Deliberations:

5.5
hours

Editor’s Comment:

This report is based on information that was provided by plaintiff’s and defense counsel.