Costco Water Damage / What Costco's attorney told the judge
Costco's attorney: the family is "artificially creating litigation leverage"
"It is to prevent plaintiffs from artificially creating litigation leverage by requesting depositions all the way up the executive ladder that are unnecessary to the needs of the case."
Kevin Jakab, Costco's attorney. Hearing of October 28, 2026, Byrd v. Costco Wholesale Corporation, St. Johns County, Florida, at 7:16.
On why the plaintiffs asked to question the Costco vice president who wrote to them, "I will be in communication with RXO until your claim is resolved."
More from the same hearing
"once the refrigerator is picked up, it's not Costco's responsibility, it is the vendor's responsibility."
Kevin Jakab, Costco's attorney. October 28, 2026.
Costco's attorney was describing the case to the judge at the start of his argument. The refrigerator was bought from Costco with delivery and installation. It was installed in the plaintiffs' home on December 2, 2024.
"Evidently, they do not connect a hose. The refrigerator leaks."
Kevin Jakab, Costco's attorney. October 28, 2026.
Costco's own attorney describing to the judge what happened. In its court filings Costco still calls the leak "alleged."
"if there was something that leaked or something that went wrong, we will try to work it out."
Kevin Jakab, Costco's attorney. October 28, 2026.
Costco's attorney telling the judge what Costco's vice president of logistics said to the customer. He calls RXO "our vendor." The claim has not been worked out.