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Jury finds against Wal-Mart
2theadvocate.com ^ | 06/02/07 | AP

Posted on 06/04/2007 5:25:34 AM PDT by TornadoAlley3

LIVINGSTON — A Livingston Parish jury returned a verdict worth more than $1 million against Wal-Mart in a wrongful death lawsuit filed in December 2005, attorneys and court officials said.

Ruby R. Guillory, 90, of Westlake died about month after she was hit in the leg by a garden cart being pushed by a Wal-Mart employee in the Walker Supercenter, plaintiffs’ attorney Timothy Pujol said in a statement.

Guillory’s leg bled from the 8-inch cut sustained Oct. 3, 2005. The wound later became infected.

She died five days after being released from a two-week hospital stay to treat that infection, the statement said.

Guillory lived in senior housing but performed all the daily activities of life before the injury, the statement said.

The jury that heard the case awarded Guillory’s three grown children $100,000 each for their mother’s wrongful death; $750,000 for mental anguish, pain and suffering and loss of enjoyment of life; and another $37,274 for medical and funeral expenses, court records show.

The jury found the Wal-Mart employee, Martha Watson Hookfin, 100 percent at fault, an unsigned verdict forum shows.

The award, which followed a three-day trial May 15, 16 and 17 in 21st Judicial District Court, totals $1.087 million. The court has jurisdiction in Livingston, Tangipahoa and St. Helena parishes.

A judgment awaited the signature of Judge Ernest Drake Jr. Friday afternoon, court clerks said.

He heard the case.

The attorney representing Wal-Mart and corporate public relations officials in Bentonville, Ark., didn’t return messages seeking comment Thursday and Friday.


TOPICS: Culture/Society; News/Current Events
KEYWORDS: gardencart; jury; lawsuit; louisiana; walmart

1 posted on 06/04/2007 5:25:37 AM PDT by TornadoAlley3
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To: TornadoAlley3

Not saying the Walmart employee wasn’t at fault, but wondering about the hospital that possibly discharged her too early. I’m a nurse, work with the frail elderly, and see it all the time.


2 posted on 06/04/2007 5:29:41 AM PDT by Wage Slave (Good fences make good neighbors. -- Robert Frost)
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To: TornadoAlley3
She died five days after being released from a two-week hospital stay to treat that infection, the statement said.

That must have been one helluva cut. Doesn't make sense that the hospital could not treat the infection or that they would release someone who was still badly infected.

3 posted on 06/04/2007 5:30:15 AM PDT by Always Right
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To: TornadoAlley3
Normally I am filled with contempt for our legal system, but in this case it seems they got it just about right.

-ccm

4 posted on 06/04/2007 5:32:04 AM PDT by ccmay (Too much Law; not enough Order.)
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To: TornadoAlley3

Went to a hospital and came out with an infection. That never happens. /s


5 posted on 06/04/2007 5:32:32 AM PDT by badpacifist (Touching the portal of infinite knowledge right now!)
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To: badpacifist

You got that right!........


6 posted on 06/04/2007 5:34:58 AM PDT by Red Badger (Bite your tongue. It tastes a lot better than crow................)
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To: Always Right

I receive my assisted living patients back from the hospital too early very frequently because Medicare will not pay for an extended stay. They require daily wound care from visiting nurses, but Medicare will not pay the agency enough to make the required frequency of visits.

The wound care ends up being done (and frequently not done) by untrained caregivers because the facility does not have nurses on the premises. They don’t want to pay for nurses, so they hire anyone off the street to be a caregiver for about $8.50 an hour. Many of them can barely speak English.


7 posted on 06/04/2007 5:36:30 AM PDT by Wage Slave (Good fences make good neighbors. -- Robert Frost)
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To: Wage Slave

I would agree, what gives with the hospital? If she was diabetic her risk was greater as well. I would think that since most people would recover that the blame isn’t all Wal-Mart’s fault, did they not sue others in this case?

May she RIP.


8 posted on 06/04/2007 5:39:54 AM PDT by tioga (Fred Thompson for President.)
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To: TornadoAlley3
The jury that heard the case awarded Guillory’s three grown children $100,000 each for their mother’s wrongful death; $750,000 for mental anguish, pain and suffering and loss of enjoyment of life; and another $37,274 for medical and funeral expenses, court records show.

The woman was 90 years old.

She was going to die of something in the not too distant future.

Luckily she died in a manner which allowed her next-of-kin to cash in.

9 posted on 06/04/2007 5:39:54 AM PDT by E. Pluribus Unum ("All the measures of the law should protect property and punish plunder." --Frederic Bastiat)
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To: E. Pluribus Unum

“Hey Gram, time to go shopping at Wal-Mart!”


10 posted on 06/04/2007 5:45:39 AM PDT by Wolfie
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To: TornadoAlley3; Mrs.Nooseman; Diana in Wisconsin; bfree; Graybeard58; CSM; metesky; wanderin; ...

WalMart ping.

Something doesn’t sound right here........


11 posted on 06/04/2007 5:49:07 AM PDT by Gabz
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To: ccmay

I agree with you. The jury system too often takes advantage of sympathy and results in outrageous verdicts; but there are times when it works.


12 posted on 06/04/2007 5:50:23 AM PDT by LantzALot (Yes, itís my opinion. No, itís not humble.)
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To: E. Pluribus Unum

They didn’t sure the retirement home? Wow. They need to get with the program. They are cash cows for the sue-happy.


13 posted on 06/04/2007 5:50:30 AM PDT by L98Fiero (A fool who'll waste his life, God rest his guts.)
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To: ccmay
Normally I am filled with contempt for our legal system, but in this case it seems they got it just about right.

May I ask why? Not about your contempt, but why you think this is right........

14 posted on 06/04/2007 5:52:05 AM PDT by Gabz
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To: Gabz
Good Morning Gabz.
I agree.
It seems to me that maybe the hospital is partially to blame for this.
15 posted on 06/04/2007 5:53:20 AM PDT by Mrs.Nooseman (Proudly supporting our Troops and Allies!!!!)
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To: Always Right
That must have been one helluva cut.

Agreed! "Ruby R. Guillory, 90...was hit in the leg by a garden cart...Guillory’s leg bled from the 8-inch cut..."

Eight inches?! That's the approx. width of a sheet of typing paper. That's approx. 2" longer than a dollar bill. From being hit in the leg by a garden cart? From a garden cart? Like this?

Cheese louise, it must have nearly sheered off her leg!

16 posted on 06/04/2007 5:53:26 AM PDT by yankeedame ("Oh, I can take it but I'd much rather dish it out.")
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To: Gabz

I’ll do a Wal-Mart run on T or W to help Wal-Mart make up some of that lost revenue. ;)

Actually, Wal-Mart got off easy. Now, if John Edwards had been on the case instead of primping for the cameras once again, they would’ve been toast, LOL!


17 posted on 06/04/2007 5:54:10 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: Mrs.Nooseman

Good morning, Mrs. N!!!

Yes, a WalMart employee obviously caused the initial injury.......but for pete’s sake, she was hospitalized for 2 weeks and then died after her release and yet it’s all WM’s fault? As I said, something is just not right here, or else there is a whole lot missing from this story.


18 posted on 06/04/2007 5:58:21 AM PDT by Gabz
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To: Diana in Wisconsin

EWWWWWWWW.........


19 posted on 06/04/2007 5:59:57 AM PDT by Gabz
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To: TornadoAlley3

“The jury found the Wal-Mart employee, Martha Watson Hookfin, 100 percent at fault, an unsigned verdict forum shows.”

The article could bother to explain if the employee acting in accordance with her employee duties. Why was her employer sued instead of her (unless its just the old ‘deep pocket envy’)


20 posted on 06/04/2007 6:00:37 AM PDT by DancesWithBolsheviks (Demands, marches and media sob stories diminish my compassion.)
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To: Gabz

That is my thought as well.

Wish I could stay and discuss this further,but I got to go to work.

Have a fantastic day.


21 posted on 06/04/2007 6:01:44 AM PDT by Mrs.Nooseman (Proudly supporting our Troops and Allies!!!!)
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To: Mrs.Nooseman

You have a good day also!


22 posted on 06/04/2007 6:02:47 AM PDT by Gabz
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To: Gabz

Thanks.


23 posted on 06/04/2007 6:03:45 AM PDT by Mrs.Nooseman (Proudly supporting our Troops and Allies!!!!)
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To: Wage Slave

“but wondering about the hospital that possibly discharged her too early.”
Isn’t a greater danger at her age that she spend too much time in a hospital bed? I’ve known several very elderly who went into a hospital for something minor and because they were bedridden for a few weeks lost so much muscle mass that they were never able to walk again and just deteriorated from there.


24 posted on 06/04/2007 6:04:28 AM PDT by DancesWithBolsheviks (Demands, marches and media sob stories diminish my compassion.)
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To: TornadoAlley3
That damn Wal-Mart! Cutting that woman down in the prime of life like that! Uh... do you suppose the award was so much because the plaintiff attorneys provided evidence that there was a high likelihood of her being pregnant?
25 posted on 06/04/2007 6:10:27 AM PDT by badgerlandjim (Hillary Clinton is to politics as Helen Thomas is to beauty)
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To: E. Pluribus Unum
The woman was 90 years old.

She was going to die of something in the not too distant future.

Luckily she died in a manner which allowed her next-of-kin to cash in.

I think we have a winner!

Entirely possible that the Walmart employee should have been more careful; if you know someone is frail you take special care to avoid knocking them down. But as you say, this could also be a case of post hoc ergo prompter hoc fallacy - the lady suffered an insult that wouldn't have been likely to seriously harm a normal adult, even one of 65 years age.

Whoever took her to Walmart bears some of the responsiblity, IMHO, as does the hospital. But also the unfortunate woman, rest her soul, bore the responsibility of being 90. And people that old are temporary. We all are, for that matter . . .


26 posted on 06/04/2007 6:33:48 AM PDT by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters except PR.)
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To: ccmay

They got this right?:

“The jury found the Wal-Mart employee, Martha Watson Hookfin, 100 percent at fault, an unsigned verdict forum shows.”

So the the woman and her care takers have no responsibility to properly treat the wound to PREVENT the infection?

Once the infection set it, the hospital and her care takers had no responsibility to properly treat the infection/wound?

No responsibility on her part to take her meds? Were there any? (not mentioned)

Unless the walmart employee sprinkled her with bacteria then chained her down so she couldn’t get it treated, she is NOT 100% at fault...


27 posted on 06/04/2007 6:47:21 AM PDT by PissAndVinegar
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To: PissAndVinegar

Exactly my attitude.

A lot of people just plain don’t like WalMart and this is a result of that attitude. I don’t like Target, but guess what, if the store name here was Target, I would have the same attitude I have about it being WM....something is missing in this entire scenario.


28 posted on 06/04/2007 6:50:32 AM PDT by Gabz
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To: yankeedame
Cheese louise, it must have nearly sheered off her leg!

I would have a hard time figuring out how one could get an 8 inch cut from something that only stands a few inches off the ground. Unless it went up her foot/ankle/leg....I just don't see it.

Of course, I'm assuming that the "reporter" got it right. Last night, one of the local talking heads on the 10pm news lectured on the Battle of Midway. Being a WWII buff, I paid attention.....until they got just about every fact wrong, and left out all of the important ones.

This country needs fewer lawyers and more good journalists.

29 posted on 06/04/2007 8:24:25 AM PDT by wbill
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To: Always Right; Gabz; Mrs.Nooseman
That must have been one helluva cut.

MY mother is 78 and diabetic for years.

I have watched her just rub her arm absentmindedly and peel off all the skin to the meat.

Easy to see where a cart could cut her badly.

Was the frail lady that died taking precautions to keep distances between herself, and the cart, and other objects that could harm her?

Most elderly people I have noticed have this thin skin,easy to peel, hard to heal problem.

Yes, the associate could/should have been more careful.

I would like to see the surveillance tape myself.

Off to take grandkids to the doctors.

Morning Gabz and Mrs Nooseman!

30 posted on 06/04/2007 9:42:51 AM PDT by wanderin
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To: wbill
This country needs fewer lawyers and more good journalists.

I was saying that in the 80s - when I got out of journalism.

31 posted on 06/04/2007 10:05:40 AM PDT by Gabz
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To: conservatism_IS_compassion

What kind of a lawyer sues Wal Mart and fails to join the hospital as a defendant as well?


32 posted on 06/10/2007 8:53:24 PM PDT by duckandcover
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