Blanco et al v. Costco Wholesale Corporation et al

Filing 26

ORDER denying 21 Motion for Summary Judgment. For the reasons stated herein, Defendant's motion for summary judgment is denied. See Fed. R. Civ. P. 56( a) (a party seeking summary judgment must demonstrate that "there is no genuine dispu te as to any material fact and that the movant is entitled to judgment as a matter of law"); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Mihalik, 715 F.2d at 117 (2d Cir. 2013) (genuine issues of material fact preclude summary judgment). Counsel are reminded that jury selection for the trial of this matter is scheduled for June 23, 2014 at 9:30 a.m. (Ordered by: Leonard D.Wexler, United States District Judge, on 06/02/2014.)

FILED

IN CLERK'S OFFICE
U S DISTRICT COURT E 0 NY

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JOSE LUIS BLANCO and JODI STOSSELBLANCO,

ORDER

JUN 0 2 2014

12-CV-2076

Plaintiffs,

(Wexler, J.)

-againstCOSTCO WHOLESALE CORPORATION and
COSTCO WHOLESALE MEMBERSHIP, INC.
Defendants.

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APPEARANCES:
Alonso Krangle LLP
BY: Andres F. Alonso, Esq.
445 Broad Hollow Road, Suite 205
Melville, NY 11747
Attorneys for Plaintiffs
Glaagher, Walker, Bianco & Plastaras, LLP
BY: Brian R. Kenney, Esq.
98 Willis Avenue
Mineola, NY 11501
Attorneys for Defendants.
WE)(LER, District Judge:
Plaintiffs Jose Luis Blanco ("Blanco" or "Plaintiff') and Jodi Stossel-Blanco bring this
negligence action against Costco Wholesale Corporation and Costco Wholesale Membership,
Inc. ("Costco" or "Defendants") pursuant to 28 U.S.C. § 1332. Plaintiffs complaine seeks
damages for injuries he suffered while shopping at Costco on November 19, 2011 when an
inversion table on display at the store collapsed and injured Plaintiff.

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Plaintiffs spouse Jodi Stossel-Blanco brings a claim for a loss of consortium.
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LONG ISLAND OFFICE

Defendants have moved for summary judgment. They argue that Plaintiff caused his own
injuries when he lunged for his young son who had climbed on the machine, and fell. They claim
that the testimony of Plaintiff's son and daughter, who witnessed the incident, that Plaintiff did
not touch the table before it fell apart, shows that the injuries resulted from Plaintiff's actions,
and not any negligence on the part ofDefendants. See Defendants' Memorandum of Law, at 3-4;
Defendants' Reply Memorandum at 4. In response, Plaintiff claims that as he reached for his
son, he grabbed the backboard of the table, which then fell apart and pulled Plaintiff and his son
to the ground, causing injury. See Plaintiff's Memorandum in Opposition, at 5-6. Plaintiff also
argues that Defendants failed to properly assemble the table, or use proper standards in
displaying the table. Id., at 7-10.
The standards for summary judgment are well settled. Rule 56( a) of the Federal Rules of
Civil Procedure states that summary judgment is appropriate only if "the movant shows that there
is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of
law." Fed.R.Civ.P. 56(a); Mihalik v. Credit Agricole Cheuvreux North America, Inc., 715 F.3d
102, 108 (2d Cir. 2013). The moving party bears the burden of showing entitlement to summary
judgment. See Ruminski v. Corsones, 396 F.3d 53, 69 (2d Cir. 2005). In the context of a Rule
56 motion, the court "is not to weigh the evidence but is instead required to view the evidence in
the light most favorable to the party opposing summary judgment, to draw all reasonable
inferences in favor of that party, and to eschew credibility assessments." Amnesty Am. v. Town
ofW. Hartford, 361 F.3d 113, 122 (2d Cir. 2004).
Once the moving party has met its burden, the opposing party '"must do more than
simply show that there is some metaphysical doubt as to the material facts .... [T]he nonmoving
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party must come forward with specific facts showing that there is a genuine issue for trial."'
Caldarola v. Calabrese, 298 F.3d 156, 160 (2d Cir. 2002), quoting Matsushita Elec. Indus. Co. v.
Zenith Radio Corp., 475 U.S. 574, 586-87 (1986). As the Supreme Court has stated, "the mere
existence of some alleged factual dispute between the parties" alone will not defeat a properly
supported motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 24748 (1986). The non-moving party may not rest upon mere conclusory allegations or denials but
must set forth '"concrete particulars"' showing that a trial is needed. R.G. Group, Inc. v. Hom &
Hardart Co., 751 F.2d 69, 77 (2d Cir. 1984), quoting SEC v. Research Automation Corp., 585
F.2d 31, 33 (2d Cir. 1978). Accordingly, it is insufficient for a party opposing summary
judgment "'merely to assert a conclusion without supplying supporting arguments or facts."'
BellSouth Telecomms., Inc. v. W.R. Grace & Co., 77 F.3d 603,615 (2d Cir. 1996), quoting
Research Automation Corp., 585 F.2d at 33. Genuine issues of material fact preclude summary
judgment. Mihalik, 715 F.3d at 117 (2d Cir. 2013)
The court has reviewed the parties' submissions and concludes that issues of material fact
exist that preclude summary judgment. Various factual disputes exist, including whether
Plaintiffs injuries were proximately caused by his own actions, or Defendants' negligence in
either assembling or displaying the inversion table. Accordingly, Defendant's motion for
summary judgment is denied. See Fed. R. Civ. P. 56(a) (a party seeking summary judgment must
demonstrate that "there is no genuine dispute as to any material fact and that the movant is
entitled to judgment as a matter of law"); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986);
Mihalik, 715 F .2d at 11 7 (2d Cir. 2013) (genuine issues of material fact preclude summary
judgment).
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Counsel are reminded that jury selection for the trial of this matter is scheduled for June
23, 2014 at 9:30a.m.
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s/ Leonard D. Wexler

SO ORDERED.

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LEONARD D. WEXLER
UNITED STATES DISTRICT JUDGE

Dated: Central Islip, New York
June Z; 2014

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