One small win for the small guy.

[Winter Woman]

Over a year ago I was shopping at a major retailer. I paid for my purchases and headed for the door. As I got to the exit door (I'm still inside the store ) I stopped to look at my receipt. At this point I was run over by a 'train' of 20 shopping carts that was being pushed by a young man who is mentally challenged.

At the moment of impact there was a ripple type effect that went up my spine. Yes, an accident report was made. Then about a month later the retailer rejects my medical bills. I sue. Guess what?

The retailer said the footage of the accident was not recorded because they don't have a camera there or it wasn't working, whatever-no video. It's the exit door where the different colored height measurement tapes are glued to the door frame. Do you really believe that they don't video tape that door? They have video of me walking all over the store, except by the exit door. My lawyer was counting on the video tape showing the carts knocking me down and starting to running me over.

They claimed that I was lightly pushed, not run over! I had no witnesses to it except my husband who picked me up. The store staff who came running when it happened can't seem to remember much of anything.

They claimed that I was faking! How do you fake 2 bugling disks in the lower back? Anyway, it was a Mexican standoff.

Today, they finally covered my medical bills.

The retailer is being a jerk about lost wages. Those of you who know me, know what I do for a living. For those of you who don't, I'm an inventor. I'm having a heck of a time proving lost income. Why? Because I get royalties, that cash flow is not interrupted. Also, because the project I'm working on might not be granted a patent and they shouldn't have to pay for a project that might be a loser. I doubt it, I have yet to be denied a patent.

I, actually, believe their lawyer believes that I got a little love tap and am milking it. With no video how do I prove it?

My lawyer says this is going to be a tough case. Shit!!!!


Edit: Those of you who have had back injuries you know what you go through. It's not a walk in the park.

The accident slowed my progress by about 4 to 5 months. The project involves a large item that needed to be fitted and moved and refitted and moved. It weighs about 175 lbs. Not something I can do alone anymore.

 

[neosapien]

Over a year ago I was shopping at a major retailer. I paid for my purchases and headed for the door. As I got to the exit door (I'm still inside the store ) I stopped to look at my receipt. At this point I was run over by a 'train' of 20 shopping carts that was being pushed by a young man who is mentally challenged.

At the moment of impact there was a ripple type effect that went up my spine. Yes, an accident report was made. Then about a month later the retailer rejects my medical bills. I sue. Guess what?

The retailer said the footage of the accident was not recorded because they don't have a camera there or it wasn't working, whatever-no video. It's the exit door where the different colored height measurement tapes are glued to the door frame. Do you really believe that they don't video tape that door? They have video of me walking all over the store, except by the exit door. My lawyer was counting on the video tape showing the carts knocking me down and starting to running me over.

They claimed that I was lightly pushed, not run over! I had no witnesses to it except my husband who picked me up. The store staff who came running when it happened can't seem to remember much of anything.

They claimed that I was faking! How do you fake 2 bugling disks in the lower back? Anyway, it was a Mexican standoff.

Today, they finally covered my medical bills.

The retailer is being a jerk about lost wages. Those of you who know me, know what I do for a living. For those of you who don't, I'm an inventor. I'm having a heck of a time proving lost income. Why? Because I get royalties, that cash flow is not interrupted. Also, because the project I'm working on might not be granted a patent and they shouldn't have to pay for a project that might be a loser. I doubt it, I have yet to be denied a patent.

I, actually, believe their lawyer believes that I got a little love tap and am milking it. With no video how do I prove it?

My lawyer says this is going to be a tough case. Shit!!!!


Edit: Those of you who have had back injuries you know what you go through. It's not a walk in the park.

The accident slowed my progress by about 4 to 5 months. The project involves a large item that needed to be fitted and moved and refitted and moved. It weighs about 175 lbs. Not something I can do alone anymore.

The only thing I can say is put an ad on Craigslist asking if anyone witnessed your accident. You never know. Years ago a woman backed into me in a Target parking lot while I was waiting for a pedestrian to cross the parking lot with his kids. She backed right out of her spot and into my vehicle. This pedestrian saw the whole thing. We parked then the woman started saying I swerved into the lane as she was backing up and that I essentially hit her. The pedestrian overheard us and walked over and said "Bullshit, he was sitting there for 30 seconds letting my family cross, you hit him and I'll testify to that." She paid the fuck up after that. So moral of the story... see if you can find your pedestrian. Either way good luck WW!

 

[Winter Woman]

Why didn't I think of that? There was a lady who was right next to me when it happened and she just kept walking. Maybe, if I can find her it would change their tune.

I think what has got me the most is that they lied. First they said they couldn't find a copy of the incident report and said I never made one. Then I produced my copy of the incident report, suddenly they found theirs. Now the video is gone. First they said they had it now they say they never had it and the camera was not working. Which is it?

My lawyer says they admit the accident occurred what they are contesting the severity of the accident.

 

[smokinmayne]

Back problems are the worst. Your spine basically runs your whole body and my god, the pain. it also effects other organs dramatically. I am going through a tough time right now as well. It takes months for it to heal.

My question is..What is generally wrong with people these days? They lie, steal, cheat anything to get by. Man up i say and the retailer needs to pay those medical bills. Man sometimes people are just the worst pieces of shit in the world.

Good luck!

 

[Carl Spackler]

I think your lawyer sounds honest and is shooting straight with you. The problem is likely to be the inability to prove (accurately) lost wages vs the actual civil suit itself. A judge would have a very difficult time assessing your projected loss of earnings without solid documentation from previous years. While you can provide prior bank statements or tax records they may still be insufficient for a discerning judge that has a little patience for tort cases. I would weigh the cost of the suit, including all filing fees and attorney costs carefully before pursuing this case further. Since the retailer has paid your medical bills it might also be looked upon by the court as an "act of good faith" with little recourse for your lawyer. The defense lawyer for the retailer is simply doing his job by protecting his client and mitigating any potential damage or further litigation. He will never take a position that favors anyone other than his client or he is failing to do what he is paid to do. Has your attorney suggested settling this case out of court? If so, it may be in everyone's best interest to do so.

 

[ClaytonBigsby]

I think you are both looking at it wrong. how F'IN CONVENIENT that the store doesn't have the video tape of you getting hit. They claim that helps them because there's no proof of how badly you were run over.

YOU can claim the store is hiding the video for their own protection. Who do you think a jury would believe? They admit you were hit by a kid that shouldn't have really been pushing a train of carts to begin with. Most people don't walk around with two bulged discs and happen to get hit by a 2300 pound train of shopping carts. You need to find an attorney with some nuts. A good personal injury lawyer would be jizzing all over the place with those facts; himself, you, the window, the secretary, judge, jury....


I saw something just like that happen to a woman. Perhaps it was you. It was awful! I NEED AN ATTORNEY FOR WITNESSING IT. Damn nightmares. And Ow I have a phobia of going to anyplace with shopping carts. I'm always looking around like a crackhead. PM me.

 

[dirtsurfr]

I think you are both looking at it wrong. how F'IN CONVENIENT that the store doesn't have the video tape of you getting hit. They claim that helps them because there's no proof of how badly you were run over.

YOU can claim the store is hiding the video for their own protection. Who do you think a jury would believe? They admit you were hit by a kid that shouldn't have really been pushing a train of carts to begin with. Most people don't walk around with two bulged discs and happen to get hit by a 2300 pound train of shopping carts. You need to find an attorney with some nuts. A good personal injury lawyer would be jizzing all over the place with those facts; himself, you, the window, the secretary, judge, jury....


I saw something just like that happen to a woman. Perhaps it was you. It was awful! I NEED AN ATTORNEY FOR WITNESSING IT. Damn nightmares. And Ow I have a phobia of going to anyplace with shopping carts. I'm always looking around like a crackhead. PM me.

There ya go you have a witness....
But that would lower you to their standards.

 

[Winter Woman]

I'm not a good liar. Wish I was.

My attorney suggested settling. This is a multinational retailer if I had known that they would behave like that. I'd have really made the scene even bigger than it was. Then I'd have witnesses.

What I was told was that they would have access to my company books (proving income), etc. Which is not a problem, I don't cheat on my taxes, but I am licensing to a global manufacturer. I don't need anyone knocking over that apple cart.

It just pisses me off.

 

[Dizzle Frost]

that sucks WW , i bet if they got robbed or someone got shot up the camera outside worked jus fine

 

[ClaytonBigsby]

Obviously I was kidding about "witnessing" the event. If you feel better after your medical treatment, great. If not, you owe it to yourself to make sure you are covered in the future. Your back is nothing to play with. Wishing you all the best!!!!!

 

[Unnk]

their withholding the tape plain and simple

get a freind to goto the store and take a picture of the camera watchign the front door

cause if their saying there isnt a camera their watchign the front door

and then their actually is

you have proof their lying about the video tape

 

[Winter Woman]

I took pictures of the camera bubble. They say it was broke or just not functioning or some drivel. Of course, first they said they couldn't find the tape. But, none of that was it court. I don't expect them to start playing by the rules now.

I've never had a run in with a big company before and I didn't expect all the lies and deception.

Oh, I forgot to tell you they are self-insured. That might mean something.

I know this I will never darken their door and I will talk bad about them for the rest of my life. Guaranteed.

 

[Unnk]

your lawyer must be asleep during all thiss

they doubled back on their statement?


as well check for any signs saying they are not liable for accidents onthe property

regardless of the causes if it happens on the property and they dont have that disclaimer

plus all the facts your giving

its a guaranteed win

 

[Carl Spackler]

While this company is self insured, I have doubts that it is affecting the overall offer of settlement. Typically, large businesses self insure as a cost saving measure. Usually they set aside funds (based on average potential loss/case) and draw interest from this fund, much like a Health Savings Account offered to employees. These funds are not immune from tax liability, so they normally only cover the best case scenario with the balance to be covered by private insurance which can demand extremely expensive premiums depending on the type of business. The ultimate goal of any business is to first protect it's assets and their employees, secondly it also must make reasonable effort to protect customers from injury and attempt to make amends to those customers that restores them to the point they were prior to any injury. In other words, businesses don't exist simply to be a virtual ATM for anyone (or any ambulance-chasing- lawyer) that walks in to their store. While your case is unfortunate and has been very stressful to you it may be in your best interest to accept the settlement provided it covers all medical costs and lost wages associated with your time off. I'm not lobbying for the retailer, far from it. I'm simply saying that to get another lawyer, then, jump through the hoops of another suit or an appeal could drag this thing out for years with the potential of you being out a ton of money and possibly losing the case. Your lawyer can subpoena everyone involved, but that doesn't mean the case would ever be seen by a jury as most civil/tort suits are heard by a judge. The late-night-tv lawyers would have you believe that there are untold riches to be had by the "big evil corporations", the problem is these companies usually have very, very good defense attorneys on retainer as well.

 

[guy incognito]

Why not just start stealing stuff from the store? Walk right out that front door that has no working camera. It would be pretty damn convenient if all of a sudden the camera does in fact work and they have evidence of you stealing.