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Costco Water Damage / What Costco's attorney told the judge

Costco's attorney on what Costco's vice president told the family: "we will try to work it out"

"you will be hearing from RXO, our vendor, and perhaps we can try to work this out. I mean, if there was something that leaked or something that went wrong, we will try to work it out."

Kevin Jakab, Costco's attorney. Hearing of October 28, 2026, Byrd v. Costco Wholesale Corporation, St. Johns County, Florida, at 3:15.

From 3:15 of the court's recording.

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.

Watch the full hearing for context

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."

"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.