Kimberly Clark of Longmeadow has filed a lawsuit against Costco after allegedly hurting her back while carrying 6 gallons of Poland Spring water from her car into her house.
Her complaint (attached below) was filed in Hampden County Superior Court on January 3rd of this year. It claims that
On January 06, 2022, upon arriving to her residence…the Plaintiff, KIMBERLY CLARK, attempted to lift the Poland Spring 100% Natural Spring Water, 1 Gallon 6 Count…package and box when suddenly and without warning the bottom of the cardboard box detached from the rest of the box, causing the center panel of the box, which separated the six (6) gallons of water into three (3) gallons on each side of the box, to break and split apart from one another, causing the Plaintiff, KIMBERLY CLARK, to lose her balance and jerk forward, sustaining serious personal injuries, including but not limited to a fracture spine.
She is suing Costco and numerous other companies associated with the water and its packaging for (1) negligence, (2) breach of implied warranty of merchantability, and (3) breach of implied warranty for fitness for a particular purpose.
Her lawsuit’s cover sheet estimates the total damages to be $51,000.
To read the full complaint, click the document below.
Law Office of Justin R. McCarthy 