Bulk retailer Costco Corp. is responsible for a $954 repair bill after workers in their auto department “bent back” the metal surrounding a customer’s trunk during a routine tire replacement, a judge ruled last week.
Costco had offered Susan Bailey of Santa Monica nearly $800 to make repairs to the trunk of her 1992 Toyota Celica, but refused to pay to replace the trunk’s hinges, saying the damage was common in 10-year-old cars.
Santa Monica Superior Court Judge Pro Tem Ronald Papell described Costco’s refusal to replace older components as common.
He explained the term “betterment,” when an injured party is burdened with a portion of the cost of replacing used items with brand new ones.
In this instance, Judge Papell didn’t think betterment should apply. He awarded Bailey the full $954 cost of repairs, plus court costs.
“Somebody that has their ‘92 car is very happy with their 10-year-old struts,” he said. “So long as they can open and close the trunk.”
Originally published in the Santa Monica Daily Press print edition on October 28, 2002. Read the original PDF.