re: Elderly woman beaten by teenage cashier at Wal Mart

quote:

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Right here is one the main problems with our tort system. The cashier needs to be sued too. No lawyer will do that because the cashier has no money. She should be sued and with the ensuing judgement a garnishment on her wages be attached at every place she ever works until the judgement is paid.

The likely event is that WMT will be sued. The cashier will be fired and will never have to pay a cent. Nothing. No punishments at all for her violence.

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Let me explain it to you IB. The victim can sue Walmart and the employee. And if it ever gets to a lawsuit having to be filed, the plaintiffs lawyer will most likely include the cashier as a defendent. But, we have joint and several liability in the United States. That means the plaintiff can collect their damages from either party or both, it doesnt matter for plaintiff, as long as they get their money. Walmart will in turn have a cause of action against their employee, either in the same suit as a cross claim or in a separate case. But, the damn cashier is certainly going to bankrupt against any judgment coming her way. Walmart could garnish her wages until she catches on to that and quits her job.

So, the plaintiffs attorney isnt going to waste time with a defendant that they can never collect from. And Walmart isn't going to waste time when they can just fire her and save the attorneys fees of getting their corporate goons to go after her.

But, fortunately the damn cashier isnt off the hook. That bitch will go to jail, where she belongs.