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WalMart sues brain-damaged woman for medical expenses

Discussion in 'Sports and News' started by DanOregon, Mar 27, 2008.

  1. Ace

    Ace Well-Known Member

    I could understand this if the money went to an operation and medical expenses and the woman was fine and a smallish company went after the money to keep from tripling everyone's rates

    But she's gonna need care for the rest of her life. Is Wal-Mart gonna pony up for that?

    That 447,000 gonna bankrupt Wal-Mart?

    It's this unfeeling, slavish devotion to rules and insistence on taking every advantage possible that makes people hate Wal-Mart, if anyone was wondering.
     
  2. Boom_70

    Boom_70 Well-Known Member

    It's right out of the playbook of hiring a bad attorney. This should have been factored into settlement and amount adjusted accordingly.

    I don't blame walmart.
     
  3. Ace

    Ace Well-Known Member

    Please. Exactly why did Wal-Mart have to go after the money? Because they could?
     
  4. SigR

    SigR Member

    That's the same rationale as people use when shoplifting from walmart. What's a multi billion dollar company going to miss. It's the principle of things. If it was in the contract that Walmart gets claim settlements like this, then it is stealing from walmart if you don't pay up. Yeah, it's crappy PR, but it is fair. Not everything is happy butterfly sunshine time.

    I'd blame the lawyer representing the woman. If he knew that Walmart was going to end up with the settlement in the first place, then he wasn't acting in his client's best interest by taking that level of settlement.

    Not sure how Walmart's insurance works. For all I know, they write their own policies. Regardless, it is a little screwy that walmart gets a windfall payment that is not going to be offset by a rise in policy premiums.
     
  5. Boom_70

    Boom_70 Well-Known Member

    Unfortunately as bad as it looks companies have to be concerned with precedent and consistency.

    In many ways its no different that not allowing someone to file for medical expense on their spouses policy also.
     
  6. Ace

    Ace Well-Known Member

    So the money this woman got to take care of her for the rest of her brain-damaged life is like shoplifting is it?

    Some woman who makes $9.50 an hour and gets hit by a truck is shit out of luck if she doesn't know a top-notch lawyer?

    If Wal-Mart is so filled with principal, I assume that they will take this money because they must but will pay her future medical bills and living expenses as good corporate citizens.
     
  7. Ace

    Ace Well-Known Member

    That is fraud. This is not.

    Bottom line, it is a stupid decision by Wal-Mart. What they gained they have lost 100 times over in lawyer fees and ill will.

    But at least their crappy health insurance policy will remain solvent for another year.
     
  8. Boom_70

    Boom_70 Well-Known Member

    I agree Ace it sucks but Walmart is not the bad guy here. Its her attorney that collected a hefty part of settlement check. Will the law firm be giving back there portion of settlement to the lady. I bet is was at least 30 % of total.
     
  9. Ace

    Ace Well-Known Member

    If the fine print states that any settlement she gets goes to Wal-Mart, what does it matter if he collected $10 million?
     
  10. Smallpotatoes

    Smallpotatoes Well-Known Member

    So in hindsight would it have been best if she did not try to take legal action against the trucking company?
    Is there anything that she or her family should have thought about before the accident (or at least before they filed the lawsuit) that is her fault for not taking into consideration?
     
  11. Ace

    Ace Well-Known Member

    Yeah. She should have worked somewhere other than Wal-Mart.
     
  12. Boom_70

    Boom_70 Well-Known Member

    The fine print just called for reimbursement of medical expenses which totaled $469,000 . If they won 10 mil she would have been left with plenty of money.
     
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