A Costco store in Henderson, Nev. (Photo via Coolcaesar/Wikipedia Commons)
(CN) An Arizona Supreme Court ruling Monday sends a case stemming from a pharmacy worker’s erectile dysfunction joke back to the drawing board.
Greg Shepherd’s lawsuit against Costco over an employee’s joke with his ex-wife was dismissed in Maricopa County Superior Court, based on presumed good faith of the pharmacy worker. But Shepherd never got a chance to prove the joke was not in good faith, so Judge Aimee L. Anderson dismissed the case in error, the justices ruled.
In remanding the case to Anderson, the justices noted that Shepherd will still have to prove bad faith in his negligence claim.