Lawsuit alleges N.Y. man suffered irreversible brain damage at Brookfield Costco

October 17, 2018 GMT

BROOKFIELD — A lawsuit filed on behalf of a New York man claims he suffered “irreversible brain damage” when a steel rod fell on him at a Costco store in Brookfield nearly two years ago.

The lawsuit said Peter Aurigemma, of David Drive in North Salem, N.Y., was shopping at the Costco at 200 Federal Road in Brookfield. Records indicate Aurigemma is 62.

The lawsuit, filed on Tuesday, alleges Aurigemma is seeking damages over $75,000 with the lawsuit against Costco Wholesale Co.

“This claim for relief arises out of an unsafe, dangerous, or defective condition of Defendant’s property,” the lawsuit said of Aurigemma.


According to the lawsuit, on Oct. 29, 2016, Aurigemma was apparently shopping at the Costco in Brookfield when he tried to grab a package of paper towels off a display pallet filled with paper towel packages, stacked to a height about 7 feet or 8 feet.

“As (Aurigemma) removed a package of power towels from the top of the display pallet, he was struck in the face above his left eye by a falling steel rod without warning or notice,” the lawsuit said. “The rod was approximately 40 inches long and 3 inches in diameter.”

The lawsuit claims that Costco should have known about any unsafe, dangerous or defective conditions in the store.

Aurigemma suffered various injuries, including facial trauma, bruising, lacerations, soft tissue damage, neck and shoulder pain, a concussion, lapses of short-term memory and irreversible brain damage, the lawsuit said.

The lawsuit goes on to say that Aurigemma has gone through medical tests and treatments since the incident and that has has “had his ability to carry out and enjoy life’s activities impaired.”

He lost wages and will be at a significantly higer risk of future mental and neurological illnesses, according to the lawsuit.

“(Aurigemma) claims monetary damages,” the lawsuit said.