Dominguez

BACKGROUND

Dominguez alleges injuries from a slip and fall in the food court of a warehouse

store owned by defendant and respondent Costco Wholesale Corporation (Costco). On

June 25, 2016, Dominguez was shopping at Costco. Defendant and respondent Kent

Waller is a Costco employee—apparently a manager of the store, though our record does

not elucidate his role in the events at issue. Neither party has argued, however, that for

our purposes Waller’s involvement needs to be considered separately from that of his

employer.

Around 3:30 p.m., Dominguez was carrying food that he had purchased at the food

court to a table when he slipped in a puddle of water and fell. The water had apparently

leaked from a fountain drink ice machine located about three or four feet from the fall.

According to Dominguez, after he fell, a young woman wearing a Costco badge, who had

been mopping the area near the ice machine while Dominguez was in line getting food,

commented “‘it’s leaking again’” or “this thing is still leaking” (Dominguez’s account of

the woman’s exact words varied slightly during his deposition). Dominguez looked

under the ice machine and observed “condensation from the…