SANTA ROSA, Calif. – A woman has sued Costco in Santa Rosa for $14 million after she said a display fell on her, causing her to suffer a traumatic brain injury – although her original injury complaint did not mention her head.
Sadie Novotny, a psychologist who lives in Santa Rosa, sued Costco on April 19 in Alameda County Superior Court, but the case was moved to U.S. District Court Northern District of San Francisco on June 5.
Novotny suit alleges negligence, as well as premises and product liability.
The Press Democrat first reported the suit.
According to her complaint, Novotny was a customer at the Santa Rosa store on March 22 when she described in a complaint to Costco that the floor model of a liquor cabinet fell on top of her.
In a company incident report, she wrote that she caught the cabinet and pushed it back. She said that her right shoulder, forearm, hand, finger and lower back hurt after the accident.
The cabinet was “in a dangerous and/or precarious position” in part because it had thin legs and was on a worn wooden pallet, the complaint alleges.
Her complaint alleges that she suffered “multiple, permanent and severe injuries, including, but not limited to, a closed head injury and traumatic brain injury.”
In an interview with her attorney, Claude Wyle of San Francisco told KTVU that after the display fell, Novotny couldn’t see clearly and her husband took her straight to the ER.
Original complaint filed by Sadie Notonvy.
Wyle said that doctors there said she had suffered a concussion.
“She’s not doing well,” he said.
She is seeking $14.1 million in damages, according to court documents.
Wyle explained the high price tag.
In California, if a defendant gets served with a complaint, and they fail to respond, the plaintiff can file for a default. But if you haven’t served a statement of damages, the clerk will reject the default.
So Wyle said that as a matter of practice, he provides a full statement of damages with each complaint in the event that the defendant fails to respond.
And he said he often goes high on these damages because that’s what he is aiming for.
What if in this case, he hypothesized, that his client might need extensive medical care?
The Costco Wholesale Corporation has not responded to a request for comment.
According to Wyle, Costco has video of what happened but has not sent it to him yet.
A court appearance has been scheduled for September.