FOSTER V. COSTCO WHOLESALE CORPORATION
291 P.3d 150 (2012)
NATURE OF THE CASE: Foster (P) appealed a summary judgment for Costco (D) in P's action
for personal injuries.
FACTS: P visited a D store and his left toe caught the corner of a wooden pallet, which
was covered by a slightly turned box. P fell and sustained injuries. P sued D alleging that
D was negligent in creating a dangerous condition and in failing to warn him of the
existence of the dangerous condition. P claimed that D owed him a duty to maintain an
establishment free of dangerous conditions, including exposed pallets throughout the aisles.
D filed a motion for summary judgment, contending that the presence of the pallets was open
and obvious and that it was not liable for injuries arising from an open and obvious hazard.
P claimed that even though he could see part of the pallet under the boxes that it was
underneath he was unable to see the corner. P argued that even if the condition was obvious
there was the issue of creating the peril. D got the summary judgment and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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