Aidini v. Costco Wholesale Corporation
ORDER Denying 42 Motion in Limine regarding argument that plaintiff was in a restricted area. Signed by Judge Andrew P. Gordon on 4/5/17. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:15-cv-00505-APG-GWF
COSTCO WHOLESALE CORPORATION,
ORDER DENYING MOTION IN
LIMINE REGARDING ARGUMENT
THAT PLAINTIFF WAS IN A
(ECF No. 42)
Plaintiff Artano Aidini moves to preclude defendant Costco Wholesale Corporation from
arguing at trial that Aidini was in a restricted area at the time he fell and broke his ankle. I deny
the motion. Costco may make arguments supported by the evidence and there is evidence that the
area between the registers where Aidini fell was for employees, not an exit for customers. See
Alexander v. Wal-Mart Stores, Inc., No. 2:11-CV-00752-JCM-PAL, 2013 WL 427132, at *6 (D.
Nev. Feb. 1, 2013). Aidini may respond with evidence that there were no signs restricting access,
that the area was not blocked off, that Costco employees testified that customers walk through
that area, or other relevant evidence. Whether Aidini was contributorily negligent by walking
through that area will be a matter for the jury to resolve.
IT IS THEREFORE ORDERED that plaintiff Artano Aidini’s motion in limine to
preclude argument that plaintiff was in a restricted area at the time of the incident (ECF No. 42)
DATED this 5th day of April, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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