Female plaintiff slipped on water that had been spilled by another Costco member who had used water from the drinking fountain to water newly purchased plants, unaware that the water would flow through the planter and drip onto the floor. The plaintiff suffered a knee injury requiring surgery, and which caused her to lose income. Costco demonstrated to the jury that the water was on the floor for only seconds before plaintiff encountered it, and that its employees acted reasonably in responding to the spill. After a hung jury resulted in a mistrial, the jury in the second trial found no negligence against Costco.
Kelly Snowden tried the case both times on behalf of Costco Wholesale Corporation.