tags: Timeline 2007 Cars Hit Buildings, store attack, vehicle attack, ruled accident, drug influence, injury, lawsuit, dui, guilty
3 injured April 17, 2007 Livingston Backs Into Burbank Costco Food Court Lawsuit, Mr. Robert Livingston backed out of a disabled-parking space at a Burbank, California Costco into the food court injuring 3 people. Livington pled no contest to driving under the influence of a drug, but a court also ruled against Costco because the food court was not adequately protected by barriers. Similar to a 2014 case where a car at a Londo, Ontario Canada Costco backed into an entrance, killing a girl and unborn baby.
Details: Because Mr. Livingston had an amputated right foot, his car was modified with the accelerator pedal to the left of the brake. This allowed Mr. Livingston to operate the car using only his left foot. While backing out of the parking area, Mr. Livingston's left foot slipped off the brake on to the accelerator. His car traveled in reverse at a speed of 22 miles per hour past the entryway before entering the outdoor food court. Mr. Livingston collided with the display car. Then Mr. Livingston's car struck Mr. Soto. Mr. Soto ended up being pinned under Mr. Livingston's car. Mr. Livingston did not feel the collision with the display car. Mr. Livingston did not know if he attempted to stop his car before colliding with a support column. He denied being impaired at the time of accident. This accident was Mr. Livingston's first accident in 50 years. Robert Livingston, pled no contest to driving under the influence of a drug. In 2012, a California appeal court ruled against Costco, upholding partial liability, after a car reversed into an outdoor food court at a Burbank, Ca., store in April 2007, injuring three people. It ruled the food court wasn’t adequately protected by barriers.
Similar to 2014 London Ontario where car backs into pedestrians at Costco: 2 killed 3 injured July 25, 2014 Pregnant Baby Lost When Car Crashes Into London Canada Costco In London Ontario Canada, a woman in a red Monte Carlo accidentally revved up her car and reversed into the outer entrance of a Costco filled with people.
http://www.lfpress.com/2014/07/28/installing-the-storefront-bollards-between-a-parking-area-and-a-building-is-left-to-the-owners-discretion
On average, Reiter said, there are more than 60 vehicle-building collisions a day in the U.S.
“Wal-Mart and Target, most of the time now, put their bollards close enough together.”
*Sources
No rules exist for parking barriers | The London Free Press
www.lfpress.com/.../installing-the-storefront-bolla...
The London Free Press
Let's ponder barriers to any future tragedy | The London ...
www.lfpress.com/.../pov-lets-ponder-barriers-to-a...
The London Free Press
Category: Goal Post Bollards - StoreFrontCrashExpert.com
www.storefrontcrashexpert.com/blog/category/goal-post-bollards
Costco customer struck by vehicle in outdoor food court. $2 ...
www.juryverdictalert.com/jury-verdicts/...2/soto-v-costco-homampour
Premises Liability Case Results | The Homampour Law Firm ...
www.homampour.com/Resources/.../Premises-Liability-Case-Results.sht...
ninjapundit
ninjapundit.blogspot.com/
SOTO v. COSTCO WHOLESALE CORPORATION | Leagle ...
www.leagle.com/decision/In%20CACO%2020120815006
THE ACCIDENT
On April 17, 2007, Mr. Livingston backed out of a disabled-parking space in the store parking lot. Because Mr. Livingston had an amputated right foot, his car was modified with the accelerator pedal to the left of the brake. This allowed Mr. Livingston to operate the car using only his left foot. While backing out of the parking area, Mr. Livingston's left foot slipped off the brake on to the accelerator. His car traveled in reverse at a speed of 22 miles per hour past the entryway before entering the outdoor food court. Mr. Livingston collided with the display car. Then Mr. Livingston's car struck Mr. Soto. Mr. Soto ended up being pinned under Mr. Livingston's car. Mr. Livingston did not feel the collision with the display car. Mr. Livingston did not know if he attempted to stop his car before colliding with a support column. He denied being impaired at the time of accident. This accident was Mr. Livingston's first accident in 50 years.
Immediately before the accident, plaintiffs were eating lunch at a food court table. Anabel was seated facing the parking lot while her parents were seated opposite her. Anabel heard a car hit the display car and looked up and saw the car come towards her parents. She told her parents to get out of the way of the car. Mr. Soto got up, turned around and was hit by Mr. Livingston's car. Mr. Soto flew into the air and ended up underneath Mr. Livingston's car, next to a support column. Mr. Soto's left eye socket, nose, cheekbone, jaw, pelvis and right hip were broken in the accident. Mr. Soto also suffered sciatic nerve damage because of the hip fracture.
After the accident, Mr. Livingston was interviewed by Burbank police officer Bruce Slor. Mr. Livingston gave Officer Slor vague information about the accident. According to Officer Slor, Mr. Livingston seemed very sedated and calm unlike most drivers involved in accidents. Officer Slor observed Mr. Livingston's pupils were constricted. In addition, Mr. Livingston's answers were delayed, sarcastic and flippant. Further, Mr. Livingston seemed annoyed by Officer Slor's questions.
No similar accident like this one had happened before at any of defendant's 38 Southern California locations investigated by Brad Avrit, a construction and safety engineer. Mr. Avrit testified on behalf of plaintiffs. Robert Gaytan had been the general manager of the store since 2004. Mr. Gaytan stated in the 25 years he has been employed by defendant, he was unaware of any other accident where a car entered a food court between the support columns. Because no accident like this had occurred in the past, Mr. Gaytan thought the support columns would protect the food court patrons. He never considered that a car might come between the spaces of the support columns. Mr. Gaytan and his safety staff did not discuss the possibility of a car coming through the space between the support columns. He was unaware some of defendant's stores had installed bollards around their food courts. Mr. Gaytan admitted had he known other stores had bollards to prevent a vehicle from entering the food court, he would have installed them before the accident. Defendant's facility audits did not address placement of barriers or bollards in between the spaces of the support columns in the food court area.
http://ninjapundit.blogspot.com/2014/08/2007-livingston-backs-into-burbank.html
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