New York Grandmother Sues Costco After Alleged Broccoli Slip-and-Fall Injury
Quick Look
- Felicia Romain, a 64-year-old Queens grandmother, alleges she slipped on a piece of broccoli at a Long Island Costco on July 10, fracturing her knee and requiring surgery.
- Her attorney has filed a pre-action petition seeking store security video, first responder bodycam footage, and related records to preserve evidence before filing a formal lawsuit.
- The case echoes prior slip-and-fall claims against Costco and other retailers, including a Nebraska woman awarded $3.6 million after a patio table injury and a Virginia woman suing Outback Steakhouse over a mashed potato spill.
AI-generated summary
Why It Matters
Slip-and-fall lawsuits against retailers like Costco are common, with plaintiffs often seeking compensation for injuries sustained on store premises. Prior cases referenced in the article include a Nebraska woman awarded $3.6 million after a Costco employee dropped a patio table on her, a Northern California shopper suing over a falling liquor display, and a Virginia woman injured by mashed potatoes at an Outback Steakhouse.
A New York grandmother is threatening a lawsuit against Costco after claiming she slipped on a piece of broccoli and badly injured herself while shopping at the discount warehouse club.
Felicia Romain was “traversing the aisle with her son and grandson” at a Costco on Long Island when she wiped out on the wayward floret, according to a court filing reviewed by The Independent.
Romain, 64, of Queens, New York City, fractured her knee in the July 10 incident, requiring surgery, says the filing, a pre-action petition by her attorney seeking access to the store’s security video, along with bodycam footage from first responders on the scene.
In addition, Romain's lawyer is requesting any tapes, recordings or written statements about the alleged incident given to emergency officials.
The petition explains that it is “sound and routine legal practice” to request the records “prior to the formal commencement of a lawsuit.” Having them, the petition goes on, requires a court order and is “crucial to [Romain’s] ability to protect her rights and prove what occurred to her.”
It also requests that none of the video or audio be deleted while the case is pending.
The Independent has contacted Costco for comment.
Last year, a Nebraska woman sued after a Costco employee dropped a patio table on her back while loading it into her vehicle, causing permanent neck and nerve damage.
Costco denied responsibility, blaming the shopper for “her own negligence.”
Still, a jury awarded her more than $3.6 million in damages, prompting an appeal in July from the chain arguing the verdict was excessive.
Also in 2025, a Costco shopper in Northern California sued for more than $14 million after a liquor display fell on her. The woman said in court papers that the impact caused a traumatic brain injury, and sought $9 million for pain and suffering, plus $5 million for emotional distress, as well as additional damages for medical expenses and lost wages.
The case was referred to arbitration.
Another Costco shopper was awarded more than $1 million after breaking her leg while attempting to move a package of toilet paper from a shelf, which caused the entire carton to fall, knocking her down.
The woman required surgery and was in an external brace for several months, with metal pins holding her leg together, according to court filings.
Further afield, a Virginia woman making her way to the restroom at an Outback Steakhouse slipped on a pile of mashed potatoes and fell face-first onto the floor, sustaining “serious and permanent injuries” as a result, according to a federal lawsuit first reported by The Independent.
Tracy J. Renshaw, 56, is now seeking $1.5 million from Outback, claiming the presence of the potatoes “created an unreasonably dangerous condition for visitors,” and that “[n]o warning had been posted of the presence of the slippery foreign substance on the floor.”
Romain’s attorney, Roberta DiGangi of The Cochran Firm, did not respond to requests for comment.
What to Watch
AI outlook — possibilities, not facts
Romain will file a formal lawsuit against Costco once the requested security footage and records are obtained.
Likely · Within weeks
Costco will deny liability and argue Romain was negligent, consistent with its defense in prior slip-and-fall cases.
Likely · Within weeks
Open Questions
- Did Costco preserve the security video and bodycam footage as requested?
- What was the exact condition of the broccoli on the floor (e.g., wet, debris-covered)?
- Were there any warning signs or cleaning protocols in place at the time of the incident?
- Has Romain already filed a formal lawsuit, or is she still in the pre-litigation phase?
