Costco Water Damage / What Costco's attorney told the judge
Costco's attorney to the judge: "Evidently, they do not connect a hose. The refrigerator leaks."
"The plaintiff buys a refrigerator from Costco. The co-defendant, RXO, arranges delivery and installation of the refrigerator. The co-defendant, RXO, hires a subcontractor to do it. Evidently, they do not connect a hose. The refrigerator leaks."
Kevin Jakab, Costco's attorney. Hearing of October 28, 2026, Byrd v. Costco Wholesale Corporation, St. Johns County, Florida, at 0:51.
Costco's own attorney describing to the judge what happened. In its court filings Costco still calls the leak "alleged."
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.
"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.