A 71-year-old Santa Margarita man has filed a lawsuit against Costco alleging employees operating a merchandise cart at the chain’s San Luis Obispo store caused him to fracture his ankle — which has led to health complications and loss of work and independence.
Gerald W. Adams filed a lawsuit Jan. 13 claiming negligence by the company and two employees who were operating a flatbed cart, typically used to carry large items.
Adams’ lawyer, Jeffrey Stulberg, said that he was injured Dec. 10, 2009, either when he tried to avoid the path of the cart or when it may have hit him as he entered the store at 1540 Froom Ranch Way.
The lawsuit represents only one side of the case. Costco officials said they had no comment when contacted Thursday.
Stulberg said Adams has undergone surgery to put rods and screws into his lower leg, and the complications included a staph infection.
He now requires the assistance of a skilled nursing facility, while before he lived an independent life, working as a senior aircraft machinist to mentor younger machinists, Stulberg said.
Adams hasn’t been able to work as he recovers from his injury, according to his lawyer.
The lawsuit seeks unspecified damages for hospital and medical expenses, as well as general damages.
The suit is scheduled for a case management hearing June 14 in Judge Dodie Harman’s courtroom, according to court records.