New York slip and fall lawyer David Perecman comments on a 74-year-old woman's lawsuit against Costco. Theresa Danza claimed she was injured after slipping and falling in a store in North Miami, Florida.
What made this case unusual is that the slip and fall lawsuit was not filed in Florida where the accident occurred. The lawsuit was filed in New York where Danza lives.
“As long as the rules are followed, a plaintiff can choose the court most convenient to him or her,” said New York slip-and-fall lawyer Perecman, founder of The Perecman Firm, one of New York’s slip and fall law firms. “Plaintiffs have a right to file the slip-and-fall lawsuit anywhere that a court is legally allowed to hear it.”
Danza alleged she was hospitalized for spinal and shoulder injuries after she “slipped on a slurpee that was all over the floor” and “went flying…up in the air.”
Costco responded to the New York slip and fall lawsuit by requesting that the lawsuit be moved to Florida, the state in which the slip-and-fall occurred. Costco claimed that it would cost more to locate and interview witnesses if the case stayed in the north.
New York State Supreme Court Justice Arthur Schack denied the company’s motion to move the suit to the south.
Schack determined it would be much easier for Costco, a multi-billion dollar company, to transport its witnesses to New York than it would be for Danza to transport her witnesses to Florida.
Additionally, Schack quoted the woman's claim in court papers that she does “not intend to be traveling to Florida in winter anymore as traveling is too painful and stressful for [her]" because of her injuries.
The slip and fall injury case will be tried in New York despite Costco's motion to move the suit to Florida.
“The New York State Supreme Court appears to have been very fair in its consideration and handling of this slip and fall lawsuit,” New York slip and fall lawyer Perecman said.
Both New York and Florida technically have jurisdiction over what has become known as the Costco slurpee lawsuit. Florida can claim jurisdiction as the events occurred in-state. New York has jurisdiction because Costco does business in New York.
New York slip and fall lawyers understand that when such a situation arises and the parties disagree as to venue, the court needs to balance the arguments of both sides and determine which forum would be more just.