LOS ANGELES (CNS) - A Costco customer has tentatively settled her strict liability/negligence lawsuit against the warehouse chain in which she alleged she became ill after eating "adulterated" ceviche bought from the Los Feliz store in 2021 that was not "fit for human consumption" because it contained a hard plastic object.
An attorney for plaintiff Jessica Betts filed court papers on Tuesday with Los Angeles Superior Court Judge Lee S. Arian on Tuesday notifying him of the "conditional" accord with the expectation a request for dismissal will be filed by April 4. No terms were divulged.
In his earlier court papers, a Costco attorney denied Betts' allegations and cited multiple defenses, including that Betts "voluntarily and/or negligently exposed herself to said danger and assumed the risk of the accident, injury and damage."
According to Betts' suit, she went to the store on Los Feliz Boulevard on Oct. 24, 2021, and bought the raw fish meal and began eating it a day later.
"Upon biting into the meal, she felt a hard, foreign object, she began to feel pain and she noticed that her teeth and mouth were in a lot of pain," according to the suit, which further states that she also felt nauseous and dizzy.
Betts additionally suffered severe emotional distress, the suit stated.
The "adulterated" ceviche was "defective and unreasonably dangerous" because it contained a hard object believed to be made of hard plastic, according to the suit, which further states that Costco had an obligation to sell food that is "fit for human consumption."
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