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Qureshi v. Costco Wholesale Corp.

Although Only She, Sister Witnessed Accident Plaintiff Is Denied Judgment Against Costco

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MEMORANDUM & ORDER Plaintiff Sophia Qureshi brings this action after sustaining injuries during a visit to a Costco store in Staten Island, New York, last year. She alleges that she was struck by a machine collecting shopping carts that was being operated negligently on a pedestrian ramp. Because Qureshi and her sister were the only witnesses to the events, she contends that there are no material facts in dispute and that she is entitled to summary judgment as a matter of law. For the reasons that follow, Plaintiff’s motion for summary judgment is DENIED. I. FACTUAL BACKGROUND The court constructs the following statement of facts from the parties’ Local Rule 56.1 Statements and the other admissible evidence submitted. (See Pl.’s Rule 56.1 Statement (“Pl.’s 56.1″) (Dkt. 46-1); Def.’s Resp. to Pl.’s Rule 56.1 Statement of Material Facts (“Def.’s 56.1″) (Dkt. 48-1).) Except where otherwise noted, the following facts are undisputed. Where the parties allege different facts, the court notes the dispute and credits Costco, as the non-moving party, if its assertion is supported by evidence in the record. All evidence is construed in the light most favorable to the non-moving party with all “reasonable inferences” drawn in its favor. ING Bank N.V. v. M/V Temara, IMO No. 9333929, 892 F.3d 511, 518 (2d Cir. 2018).1 Plaintiff Sophia Qureshi alleges that she was injured while entering a Costco store in New York on June 9, 2020. (Compl. (Dkt 1.)

8-11, 22-25.) Walking along a pedestrian ramp, she alleges that an employee operating a “stacking robot” — a small, motorized vehicle that collects shopping carts from around the parking lot and pushes them back to the store — negligently steered it up the ramp she was on, causing her to trip and fall. (Id.

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