Childress v. Costco Wholesale Corp.
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The Supreme Court accepted a state law question certified by the United States Court of Appeals for the Ninth Circuit regarding whether, under Montana law, parasitic emotional distress damages are available for an underlying negligence claim for personal property damage or loss, answering the question in the negative.
After Plaintiffs took their vehicle to Costco's tire center a Costco employee gave the keys to a man who falsely claimed to be Plaintiffs' son. Plaintiffs found their vehicle, but several items had been stolen. Plaintiffs sued, bringing claims of bailment and negligence. In instructing the jury, the district court told jurors that if they found for Plaintiffs on the negligence claim, they must determine the amount of damages to compensate them for any parasitic damages caused. The jury returned a verdict in favor of Plaintiffs. Costco appealed the award for non-property damages, arguing that the verdict was premised on the federal district court's incorrect instruction for consideration of parasitic emotional distress damages arising from the loss of personal property. The Ninth Circuit then certified the question at issue. The Supreme Court answered that parasitic emotional distress damages are not available for an underlying negligence claim for personal property damage or loss.
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