Court refuses to reconsider its Costco decision

Wednesday, July 20, 2005 | 9:16 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Tuesday refused to reconsider its decision that ordered more hearings in a suit that claimed Costco sold contaminated meat that may have cause food poisoning at an outdoor family party in Reno.

It rejected the petition of Costco, a Washington-based warehouse store operator, which sought a rehearing of the court's decision in May that the case should go to trial in district court.

In May the court overturned a ruling by Washoe District Judge Steven Kosach who granted a pre-trial summary judgment in favor of Costco after the retailer was sued by the families of Brenden Whitehead and Blaine Devere who say they suffered E-Coli food poisoning from ground beef sold by Costco.

They claimed the ground beef purchased for two July 1999 outdoor family parties was spoiled. The two families, through their lawyer,s complained that Costco failed to preserve batches of uncooked hamburger to allow them to prove the meat was contaminated.

There was a test of beef samples by the Orange County Health Department in California that did not find any spoilage.

The court in its Tuesday decision, said a substantial question exists whether the tested sample was sufficient in size. And there is conflicting evidence whether Costco fully cooperated with the Nevada State Health Division investigation. The lower court must examine whether the actions by the families caused the spoliation of the beef. These issues must be considered at trial, the Supreme Court said.