Yet Another Stupid Lawsuit (1 Viewer)

[Joseph DeMartino]

Yeah, I was kinda wondering about that myself. Maybe it's more like the handle broke and everything landed on her foot - with the bag splitting at the moment of impact?

Of course, that would raise the question, "Why didn't you put this obviously heavy bag down on a table or counter before starting to empty it, Mrs. Einstein?" and they're probably looking to avoid that. Especially since she was probably only holding it by one of the two handles if she was reaching into the bag and removing items from it. You don't suppose that could have contributed to the over-stressed handle's failure and the resultant gravitational mishap.

(BTW, if her version is true - she didn't jerk her foot out of the way when the first can hit? Spilling from a bag I'm sure they didn't all land at precisely the same second, so at the very least she should have been able to get her foot out of the way before all those cans and bottles hit it. Unless she's the same woman as the wife in the cable TV suit, in which case she may not have been able to move that fast... )

Regards,

Joe

 

[Glenn Overholt]

Great posts! The really sad part would be if Walmart did take it to court and the judge didn't toss it out! Now that would be sad!

On an afterthought, if the judge didn't throw it out, could Walmart make an announcement that there is something wrong with the judge? Could anybody not involved (like a DA) do that?

Just curious - Glenn

 

[LewB]

This could be a good thing ! In order to avoid accidents and lawsuits like this in the future, AND save Walmart a couple of bucks, maybe they'll stop using those frigging cheap plastic bags all together !!

I hate those things. Go to the store for 3 items and you leave with 6 plastic bags that are made from petrolium, have already taken over one cabinet in my kitchen, can't be re-used for garbage and aren't taken for re-cycling in my area. Did I mention the two that got stuck in the trees near my house after the last windy day ? I say good riddance

 

[Kevin Eckhardt]

Lew,

Are you not able to take plastic bags back to the grocery store for recycling? They don't take plastic bags as part of the curb-side recycling program here, but they do accept them at the grocery stores themselves. I just have to remember to take them with me otherwise they quickly take over the pantry.

Oh, and just to stay on topic: I think I'll sue the next person who posts for depriving me of having the most recent post

Kevin

 

[ThomasC]

Go ahead, buddy, I'll literally run you into the ground. You'll have to sell all of your possessions to pay off the legal costs and you'll be living on the streets by the time the case is over.

 

[Joseph DeMartino]

Probably just that they're too thin, too small and tear too easily to be practical as garbage bags. Certainly the ones used by supermarkets in my area are. (Although they do take them back for recycling.) I still hate them with a passion and always ask for paper - although this becomes a bit of a production because they no longer keep the paper bags on the inside of the cash register area where the cashier can reach them. I now just reach into the outside bin myself and lay one or two down when I'm checking out.

Not that this always works. Today I laid down two paper bags while the lone cashier started ringing up my order and told her I wanted to use paper. In the middle of this the 90 year old bag boy showed up and the cashier told him I wanted paper. But he evidently didn't hear her because he proceed to set the plastic bags on top of the two paper bags I had laid out and started putting my groceries away. The cashier didn't notice until he had put the three bags (for six items) into my shopping cart, and when she said something I told them both not to worry.

I didn't have much today so it wasn't an issue, but I recently moved to a third floor walk-up. I have a bad back and the parking lot is being repaired, which means I have to park in the next zip code and schlep across the lot and up three flights of stairs with whatever I bring home. I try to avoid making two trips, especially when I've done the grocery shopping at the end of a long day, and I try not to do it while juggling fifteen of those idiot plastic bags that hold as much as two paper ones would.

I hate them, I hate them, I hate them!

I never realized just how good I had it in my one story house. I'd pull into the driveway, hit the remote to open the garage door, and pull in. Open the door to the air conditioned laundry room, transfer the bags from the car to the top of the washer, close the garage doors and then open the inside door and move everything into the kitchen. (The laundry room served as the "cat airlock". The inside and outside doors were never open at the same time to prevent inquisitive felines from escaping out into the wild.) Recessions suck. :frowning: I used to do the grocery shopping once a week. Now I pick up a few items every couple of days so as to have fewer items to deal with.

Regards,

Joe

 

[MikeH1]

And because of lawsuits, eventually things like this happen.

http://www.autonet.ca/AutonetStories...?StoryID=10674

 

[brentl]

OUCH, just got dust in my eye, who can I sue!

"But I really do wish stores would use slightly stronger plastic bags..

I work at A&P, when ever I load up pop for myself I put 3-2 litre pops in 1 bag. I've never had one break after the first time it was picked up the first time.

I've actually swung tham around in circles to prove how strong they are.

Brent
Oh, thats over 200 liquid ounces in a bag.

 

[wally]

From Michael Hein’s link cited above:



So, so true. It’s almost to the point where they can’t sell anything shorter than a 6’ ladder because the warning label is soooo long.

We built a house about 8 years ago and on every one of the window screens was a disclaimer/warning sticker (printed on red paper no less) stating that the screens were designed to only keep insects out. They would not keep people in or out. My guess is at some time the company was sued after a home equipped with the screens was broken into and someone fell out of a window with a screen.

 

[Malcolm R]

Obituary of Common Sense

Today we mourn the passing of an old friend by the name of Common Sense. Common Sense lived a long life, but died in the United States from heart failure on the brink of the new millennium. No one really knows how old he was, since his birth records were long ago lost in bureaucratic red tape. He selflessly devoted his life to service in schools, hospitals, homes and factories, helping folks get jobs done without fanfare and foolishness.

For decades, petty rules, silly laws and frivolous lawsuits held no power over Common Sense. He was credited with cultivating such valued lessons as knowing when to come in out of the rain, why the early bird gets the worm, and that life isn't always fair.

Common Sense lived by simple, sound financial policies (don't spend more than you earn), reliable parenting strategies (the adults are in charge, not the kids), and it's OK to come in second. A veteran of the Industrial Revolution, the Great Depression and the Technological Revolution, Common Sense survived cultural and educational trends, including body piercing, whole language and "new math." But his health declined when he became infected with the "if-it-only-helps-one-person-it's-worth-it" virus.

In recent decades, his waning strength proved no match for the well-intentioned but overbearing regulations. He watched in pain as good people became ruled by self-seeking lawyers. His health rapidly deteriorated when schools endlessly implemented zero-tolerance policies. Reports of a 6-year-old boy charged with sexual harassment for kissing a classmate, a teen suspended for taking a swig of mouthwash after lunch, and a teacher fired for reprimanding an unruly student only worsened his condition.

Finally, Common Sense lost his will to live as churches became businesses, criminals received better treatment than victims, and federal judges stuck their noses in everything from the Boy Scouts to professional sports. Finally, when a woman, too stupid to realize that a steaming cup of coffee was hot, was awarded a huge settlement, Common Sense threw in the towel.

As the end neared, Common Sense drifted in and out of logic, but was kept informed of developments regarding questionable regulations, such as those for low-flow toilets, rocking chairs and stepladders.

Common Sense was preceded in death by his parents, Truth and Trust; his wife, Discretion; his daughter, Responsibility; and his son, Reason.

He is survived by two stepbrothers: My Rights and Ima Whiner.

Not many attended his funeral because so few realized he was gone.

--from a Letter to the Editor
The Caledonian-Record, 1/9/04

 

[Mike Wladyka]

that is a low blow, but a damn funny one


i am going to sue dell, since my eyes are going bad reading HTF at work all day

 

[John_Berger]

This idiot woman is looking at a gold mine! Look at who else she can sue because of this:

* The bag manufacturer for making defective bags
* The shoe manufacturer for not protecting her feet appropriately
* All of the companies that had their products in that bag for making the weights of their products too heavy
* Her podiatrist for not warning her that excessive weight hitting her foot can cause damage
* The local police just because they're there
* The other shoppers for unfairly receiving bags that did not break

... and I'm sure that there are many more!

Based on the cranial rectitis of most jurors, she can be awarded somewhere around 1.4 billion per person/company that she sues! And then she'll bitch about why prices go up and sue for that.

This woman is just more proof that the human gene pool is in dire need of a strong dose of chlorine.

Oh, God ... and she's a fellow Pennsylvanian, too. Wonderful. :rolleyes

 

[bruce townley]

Hmmmm.. Can you handle a differing opinion?

I find that most people who discuss the McDonald's coffee case (know affectionately as the spill heard 'round the world) do not know any of the actually facts of the matter.

I would recomend if you are interested in further reading to see http://www.kentlaw.edu/classes/rbril...at/coffee.html

Note, this is a law school course, so scroll down about 1/2 way to the description of the case itself.

I find it fascinating that people bemoan and deride the legal system over this case, when it was 7 jurors, i.e. everyday people that came up with a $3 Million verdict. It was in fact the legal system (the judge) that REDUCED the amount.

The problem was not the "stupidity" of the woman, but the complete cavalier attitude toward the consumer of McDonalds that made the jury want to "punish" McDonalds.

Now on first blush, this Wal-Mart case seems to be ridiculous. BUT--what if Wal-mart stated it KNEW its bags (which it has especially designed to be thinner [cheaper] than anyone else's bags) would break especially easily. In fact, it KNEW that thier bags could not hold more than a 2-liter of pop. Yet, knowing that, it made no attempts to warn its customers or baggers that the bags should not be overloaded.

What if Wal-Mart KNEW that 1 in 10,000 bags would break, and in fact had broken 700 times in the past which caused injury. What if Wal-Mart had settled previous "bag-break cases" to the tune of $500,000.

What if Wal-Mart said it did not care about injuries caused by broken bags, and this was too bad for her.

 

[Joseph DeMartino]

The estate of Sir Isaac Newton comes to mind.

Regards,

Joe

 

[BrettB]

Apparently not.... my head just exploded, thanks a lot.

 

[bruce townley]

Brettb

You can sue me

 

[MikeFR]

Since you can sue for almost anything in the states can you sue people who sue others for stupid reasons?

 

[MikeH1]

I'm sueing Steve for wasting my time with a blank post!

 

[Lee L]

I'm suing you Michael, for misspelling suing!

 

[Mark Zimmer]

I've often had clients ask, what can I do to keep from being sued. My response is, I can help keep you from losing lawsuits. But anyone idiot with a filing fee can sue you, and there's no way to stop that.