Costco customer alleges he slipped on ice cream

By Carrie Bradon | May 31, 2019

FORT MYERS — A customer is suing Costco, alleging the store's negligence caused him to slip and fall on ice cream, although the defendant unsuccessfully sought a summary judgment.

Dorin Trofin filed a complaint April 23 in U.S. District Court for the Middle District of Florida against Costco Wholesale Corporation, alleging negligence. 

According to the complaint, Trofin visited the Costco store in Fort Myers on Oct. 22, 2016, where he and his wife were ordering a pizza after their weekly shopping. The plaintiff said he was was walking to his seat and did not notice anything on the floor but when he went to get their pizza, he was caused to slip and fall on ice cream that had melted on the ground. 

Trofin says he does not know exactly where the ice cream was in relation to other tables or how long the ice cream had been left on the ground.

Costco allegedly has floor walkers who are responsible for checking the building for safety and cleanliness and the one on duty at the time of the accident says that there was nothing on the floor that day. The cashier who was watching the incident also says he did not see anything on the floor.

The defendant is claiming that they should not be held responsible for the incident as they are not certain whether a dangerous condition existed for long enough that the defendant should have been expected to know of the condition.

Based on discussions that have taken place, the court ordered that the defendant’s motion for summary judgment is denied and ruled in favor of the Trofin's plaintiff’s allegations. The court said it does not believe the plaintiff needed to have seen the ice cream in order to prove that it was the ice cream that caused him to fall.

The case was heard by U.S. Magistrate Judge Mac R. McCoy.

 U.S. District Court for the Middle District of Florida Fort Myers Division case number 2:18-CV-00338

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