Aidini v. Costco Wholesale Corporation

Filing 82

ORDER Denying 43 Motion in Limine regarding argument that Costco did not create the unsafe condition. Signed by Judge Andrew P. Gordon on 4/10/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARTANO AIDINI,

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Case No. 2:15-cv-00505-APG-GWF
Plaintiff,

v.
COSTCO WHOLESALE CORPORATION,

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Defendant.

ORDER DENYING MOTION IN
LIMINE REGARDING ARGUMENT
THAT COSTCO DID NOT CREATE
THE UNSAFE CONDITION
(ECF No. 43)

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Plaintiff Artano Aidini moves to preclude defendant Costco Wholesale Corporation from

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making any reference or argument that anyone other than a Costco employee is responsible for

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the location of the box that Aidini tripped on or otherwise arguing that Costco did not create this

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“unsafe condition.”

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The identity of the person responsible for placing the box where it was is a question for

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the jury. Although Costco concedes that its employees put boxes in the vicinity of Aidini’s fall,

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there is some evidence suggesting that another Costco customer could have nudged the box,

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causing it to end up where it did. Aidini testified that around the time he fell, there were “other

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people walking through” the area. ECF No. 69-1 at 7. Surveillance video shows that at least one

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person, who did not work for Costco, walked through that area only three minutes before Aidini

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fell. ECF No. 69-1. And even if Costco’s employees did put the box where it was, that would

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not mean that it would be foreclosed from arguing to the jury that the box was not an “unsafe”

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condition or that Aidini was partially responsible for the fall.

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IT IS THEREFORE ORDERED that plaintiff Artano Aidini’s motion in limine (ECF No.
43) is DENIED.
DATED this 10th day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE