Posted on 11/09/2017 11:00:13 AM PST by simpson96
He was buying a watermelon at Walmart when he fell. Now a jury in Alabama has awarded him more than $7 million.
Henry Walker, a retired Army sergeant, got his foot caught in a wooden pallet as he was getting the watermelon at the Walmart store in Phenix City in July 2015, the Columbus Ledger-Enquirer reported.
Walker fell and broke his foot and hip. The jury awarded him $2.5 million in compensatory damages and $5 million in punitive damages.
“It was a fair verdict because Walmart just didn’t care,” said Charlie Gower, the lead attorney for Walker. “They should have had something to cover up that pallet so someone’s foot couldn’t get caught in it, and they didn’t.”
(Excerpt) Read more at kansas.com ...
Walmart’s Loss Mitigation Department attorneys are recommending the chain stop selling the boneless jungle hams.
So is 1,000,000
Should be appealed and the judgment thrown out in favor of a decision that is 1) reasonable and 2) includes some % of the person’s own assumption of risk.
Tort reform:
Jury only assigns percentage based upon split of liability. Can range from 0 to 100 percent but the some of all parties must equal 100.
Awards to be limited to:
Cost of medical treatment, past current and future
Plus lost wages
Plus court fees
Plus legal fees (prevailing rate, both sides)
x3 if party is found to be willfully negligent (violation of law)
x2 if party is found to be negligent (no violation of law but reasonable expectation of care)
x1 if party is found to be at fault (causes injury but not a lack of care)
Add up the cost of the award
Apply multipliers
Apply percentage based on Jury finding
subtract the lesser amount from the greater ammount
The remainder is the award.
FIVE MILLION in addition to all medical bills??? Ridiculous.
What kind of “Army sargeant” gets his foot caught while grabbing a watermelon?
A really really rich one!
Tort Reform Now!
With Walmart, now you're going to have to wait the have the watermelon handed to you, rather than grabbing it yourself, and heading to the the checkout.
But he can hire people to spell for him now.
Watermelon? That sounds RACIST !!!
“Attractive nuisance” is an middle english phrase that, loosely translated into modern english, means, “You were too f***ing stupid to realize what would happen? Really?”
Will they have to shuck our ear of yellow corn too?
I suppose there will be a charge of .33 cents per ear to remove all the leaves and strings. Plus another .10 cents to recycle, unless we want to take the leaves and strings with us.
Actually, the customers will pay. Assume the check to the guy comes from the insurance company. Now Walmart’s insurance premiums go up. Walmart raises prices to cover the increase in insurance premiums and voila - the customer pays. This is true for increases in minimum wage, lawsuits, increased taxes...
Is never being able to walk again worth $7.5 million?
To me, it isn’t.
Agreed. It’s not like Walmart set a trap for him.
In general, there is a legal principal that you must accept your victim as he is. If he has weak bones, that does not reduce Was-Mart's liability in the slightest.
If this were not the case, there would be extensive and very intrusive checking into the background of every plaintiff in the country.
How would you like it if you were injured in a car accident and your entire life back to the age of 2 or 3 were fair game for some insurance company lawyer and investigator?
i know someone who got hurt in an elevator while carrying a flat of Pepsi. He sued the elevator co. and pepsi, and won . He lives on a huge estate in Maryland now. and no longer has to work!!!
I read a while ago they already bring in 29 million an hour. Not saying 5 million wasn’t too much but it’s gotta hurt walmart as much as him? His eye was tiny compared to their big eyes. But then again, maybe that’s not a good way to think.
Is Jesus’ death experienced by God worse than the death of a terrible son? I’m having a low blood sugar day. Or is it a simple son loss. How do they judge these things?
Watermelon vending machines, put it on Shark Tank!
Then this same guy will get an arm stuck in it...
Evidently, a wealty one.
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