Costco Water Damage / What Costco's attorney told the judge
Costco's attorney: once the refrigerator is picked up, "it's not Costco's responsibility"
"Costco is two levels removed from the who, what, where, when, or how the leak occurred. Because once the refrigerator is picked up, it's not Costco's responsibility, it is the vendor's responsibility."
Kevin Jakab, Costco's attorney. Hearing of October 28, 2026, Byrd v. Costco Wholesale Corporation, St. Johns County, Florida, at 1:16.
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.
More from the same hearing
"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.
"Costco's not responsible for the loss. RXO is."
Kevin Jakab, Costco's attorney. October 28, 2026.
Said before a single deposition had been taken in the case. The plaintiffs' attorney answered that counsel had "jump[ed] right to the summary judgment phase" without any discovery.