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Started By
Message
re: Walmart shopper hurt while buying melon wins $7.5M verdict
Posted on 11/10/17 at 10:16 am to Auburntiger
Posted on 11/10/17 at 10:16 am to Auburntiger
quote:
closer to Auburn, not Tuscaloosa, I want to add
Because this little nugget is relevant to this story/case...
I was just preemptively stopping the typical "rawl Tide" postings.
0
Posted on 11/10/17 at 10:16 am to tigerpimpbot
quote:
In July 2015, Henry Walker, a retired Army sergeant, was purchasing a watermelon at the store when his foot got caught in the wooden pallet and he fell, breaking his foot and hip, according to court testimony.
This is right by Ft. Benning as well. I guarantee walmart didn't thank him for his service.
Posted on 11/10/17 at 10:19 am to tigerpimpbot
Better look at BMW v. Gore for rule on excessive punitive damages, which is a case from Alabama...
LINK
LINK
Posted on 11/10/17 at 10:21 am to tigerpimpbot
quote:
Jurors viewed security footage from the Walmart store and saw several other people have their feet caught in the side opening of the pallet, O'Hara said.
Walker sued Walmart on both a negligence claim and a wantonness claim-- the jury was in favor of Walker on each. Walmart had a duty to "exercise reasonable care, to maintain and keep its premises in a reasonable safe condition, and to warn the public of unsafe and hazardous conditions," the negligence claim in the complaint states. The store should have known the hidden pallet was likely to cause an injury, it states regarding wantonness.
walmart said frick it.
Posted on 11/10/17 at 10:26 am to Peazey
quote:
Does it take a genius to see why these big multi-billion dollar corporations would push a certain public narrative? I hope not.
Well all it took was an inflamatory headline for most people on this board to declare it bullshite and an example of our crumbling society. Then again all it takes is one click on the poli board to see that, sadly, most fellow posters of this site are mouth-breathing morons.
This post was edited on 11/10/17 at 10:27 am
Posted on 11/10/17 at 10:28 am to East Coast Band
The person that made the awarding decision is the problem.
Posted on 11/10/17 at 10:30 am to GaryMyMan
$5 million in punitives? Damn.
Quick, someone ask LABI and/or Sentrius when punitive damages are allowed in Louisiana.
Quick, someone ask LABI and/or Sentrius when punitive damages are allowed in Louisiana.
Posted on 11/10/17 at 10:34 am to boosiebadazz
quote:
$5 million in punitives? Damn.
Quick, someone ask LABI and/or Sentrius when punitive damages are allowed in Louisiana.
Not sure if Louisiana law students read this case in Civ Pro, but common law students do.. talk about excessive punitives....
LINK
Posted on 11/10/17 at 10:52 am to Peazey
quote:
On the face of it, it does seem pretty absurd, but I have to think that there are some details that make this seem a little more understandable.
Most of the award is punitive damages, which exist to "punish" the defendant for an action. In this case, for all we know security footage may exist showing multiple Walmart employees getting their foot stuck in it while constructing the display but never once considering taking it down out of concern for the same thing happening to a customer.
If some sort of proof that anything remotely close to that exists, then the $5 million punitive damages awarded would be justifiable. It's not meant to necessarily compensate the hurt customer for pain and suffering - it's more meant to punish the retailer for its gross negligence.
Posted on 11/10/17 at 10:59 am to East Coast Band
Attorneys have ruined everything. This guy gets a pass at being clumsy and Wal Mart has to pay. Unfortunate.
Posted on 11/10/17 at 11:15 am to GetCocky11
quote:
How do I volunteer to have this happen to me?
Did you not notice the $2.5 million to recoup the med bills?
A $2.5 million hospital bill busted hip is a hell of a busted hip. On top of that, the guy has VA to cover the hip yet has an additional $2.5 million in med bills?
You sure you wanna sign up for this kind of busted hip?
Posted on 11/10/17 at 11:24 am to GetCocky11
quote:
How do I volunteer to have this happen to me?
Good news...
quote:
In court records and in testimony, Walmart has maintained that the display was not dangerous, and that any negligence was Walker's fault. In fact, the same displays are still used, it said.
Posted on 11/10/17 at 11:26 am to Sidicous
quote:
Did you not notice the $2.5 million to recoup the med bills? A $2.5 million hospital bill busted hip is a hell of a busted hip. On top of that, the guy has VA to cover the hip yet has an additional $2.5 million in med bills?
I'd imagine his health insurance receives that $2.5M, if it was structured the way you imply.
Posted on 11/10/17 at 11:28 am to East Coast Band
quote:
( closer to Auburn, not Tuscaloosa, I want to add).
It's still Alabama.
Posted on 11/10/17 at 11:30 am to jlovel7
quote:
"Pain and suffering" is such bullshite most of the time. And it isn't worth $8M. Wal mart should've been responsible for medical expenses, legal fees and maybe a little extra on the side. Give me a break.
Yeah broken hips don't leave you in intense pain. Such bullshite.
Posted on 11/10/17 at 11:46 am to East Coast Band
A natural and probably result of Walmark's screwing of all suppliers, including outside counsel. They pay flat fee per case, so little that no partner will handle cases, so they get shunted off on inexperienced associates. You can't try a jury trial for $3500.
Posted on 11/10/17 at 11:48 am to East Coast Band
Cost of doing business.
Posted on 11/10/17 at 12:09 pm to tigerpimpbot
quote:
and saw several other people have their feet caught in the side opening of the pallet
#metoo
Posted on 11/10/17 at 1:22 pm to Mr. Hangover
Jus means dem watameloons at Walmarks gonna be a dolla higher for a few years to make up da loss.
I stay as far away from da Walmarks as possible!!!!
I stay as far away from da Walmarks as possible!!!!
Posted on 11/10/17 at 1:25 pm to East Coast Band
Who here would volunteer to break their hip for $7,500,000 -33% legal fees?
I would.
I would.
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