Costco Water Damage / What Costco's attorney told the judge
Costco's attorney on what evidence a flooded customer should be allowed to see
"I think it'd be reasonable for there to be a home inspection, both sides draw up scope of work they think is related to the leak, and then cost to repair or replace whatever was damaged by the leak. That's the universe of discovery in a case like this. That's what's going to be in front of the jury."
Kevin Jakab, Costco's attorney. Hearing of October 28, 2026, Byrd v. Costco Wholesale Corporation, St. Johns County, Florida, at 1:48.
Costco's attorney describing what he considers the proper limits of evidence-gathering. Eight weeks earlier the same judge had ordered Costco to produce its communications with RXO about the incident and the claim.
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.