Another dumb lawsuit

paul_valaru

100% Pure Canadian Beef
Couple sues Wal-Mart over broken grocery bag



By Rich Cholodofsky
TRIBUNE-REVIEW
Thursday, January 8, 2004



A Mt. Pleasant Township couple wants Wal-Mart to pay for foot and toe injuries they claim were caused by canned goods and condiments that tumbled from an overfilled plastic grocery bag.
According to a two-count civil lawsuit filed Wednesday in Westmoreland County, Brenda and Ronald Sager contend a plastic bag they brought home from the East Huntingdon Township store last month was deficient and overstuffed.

The bag, which contained a 32-ounce jar of Miracle Whip, a 46-ounce bottle of ketchup, three 15-ounce cans of fruit, an 18-ounce bottle of ranch dressing and a 12-ounce bottle of mustard, broke open when the Sagers returned home and started to put away their groceries.

That's when the handle tore and the bottom of the bag broke, the Sagers claim.

"... all of the contents of said small plastic bag immediately fell onto and struck the right ankle, foot and toes of the plaintiff, Brenda Sager," the lawsuit said.

The 14-page complaint filed by attorney John Scales claims Brenda Sager suffered numerous injuries including cracked and damaged toenails. Brenda Sager also claims she sustained more serious permanent injuries and other physical problems, such as ligament damage and a broken right foot.

The Sagers contend Wal-Mart was at fault for her injuries. The store, they claim, failed to properly instruct and train its employees to correctly bag products, negligently provided a defective bag, recklessly overpacked the bag by placing in it too many heavy items, failed to double- or triple-bag the purchases, and placed Brenda Sager in a "position of peril."

She is seeking damages in excess of $30,000.

Her husband also is seeking that amount in damages, claiming that as a result of his wife's injuries he has been deprived of her attention and comfort and suffered a loss of consortium.

An official of Wal-Mart yesterday denied the accusations.

Store co-manager Scott Kubica said Wal-Mart workers did nothing wrong and did not overpack the Sagers' bag.

"Those bags are good for 10 or 15 pounds," Kubica said.

There apparently is no industry standard for packing grocery bags, according to an official with the National Grocer's Association, a Virginia-based organization that operates an annual competition for grocery bagging.

"Bags tend to be underpacked," said NGA staffer Karen Vorhees.

In competition, baggers are judged on the speed in which they pack bags as well as weight distribution among the bags. Points are subtracted for broken bags.

In their lawsuit, the Sagers said Wal-Mart should have made sure their bag didn't break.

The store "failed to use two or three bags or whatever number of bags were necessary to accommodate the heavy items placed in said bag."


what really gets me it's he's suing too, cause she won't sleep with him, cause her food hurts.

anyone else thinks this is dumb?
 
I think they should both be taken out back and shot. But then I think that should be the penalty of anyone that loses a civil lawsuit. :shrug:
 
PuterTutor said:
I think they should both be taken out back and shot. But then I think that should be the penalty of anyone that loses a civil lawsuit. :shrug:


Maybe the judges should have a right to fine the plaintiff $10,000 plus court costs, if a lawsuit is frivolous, and if they appeal and lose, it's $20,000...etc.
 
I say the loser has to pay the damages they were seeking. This couple asked for what ... a total of about $60k? They lose - they pay it to the courts.


:nerd:
 
If the bag's defective, shouldn't they be going after the bag manufacturer? We know damn well Wal-Mart subcontracts the bag manufacturing. ;)
 
paul_valaru said:
what really gets me it's he's suing too, cause she won't sleep with him, cause her food hurts.

These foot fetishists get a really rough deal sometimes......
 
tonks said:
whatever happened to 'shit happens'?

Only in America...shit=lawsuit

You can sue for anything, anytime etc... I've seen shows where, after a bus accident had happened, people who weren't on the bus in the first place, climbed in so that they could be part of the lawsuit (Captured by a camcorder of another passerbye)

God bless America!
 
Rose said:
I say the loser has to pay the damages they were seeking. This couple asked for what ... a total of about $60k? They lose - they pay it to the courts.


:nerd:


You know, that's actually an excellent idea . . .
 
Old article, but still interesting. If it was like this 3 years ago, I wonder how bad it is now.

08/13/2001

By Richard Willing, USA TODAY


"Wal-Mart is a legend in American business, a 39-year-old retail dynamo that trails only ExxonMobil in annual revenue. But in America's courtrooms, Wal-Mart has another distinction: As the company's sales have soared, analysts say, it appears to have become the nation's most popular private-sector target for lawsuits.

By its own count, Wal-Mart was sued 4,851 times last year — or nearly once every two hours, every day of the year. Juries decide a case in which Wal-Mart is a defendant about six times every business day, usually in favor of the Bentonville, Ark., retail giant. Wal-Mart lawyers list about 9,400 open cases.

No one keeps a comprehensive list of all the nation's litigation, but legal analysts believe that Wal-Mart is sued more often than any American entity except the U.S. government, which the Justice Department estimates was sued more than 7,500 times last year. Dozens of lawyers across the United States now specialize in suing Wal-Mart; many share documents and other information via the Internet.

Wal-Mart, which promotes itself as a down-home friendly business, is helping change the nature of corporate litigation by aggressively fighting many cases even when it would be cheaper for the company to settle, analysts say.

The policy runs counter to the strategy of "settle quickly and cut your losses" that companies have used for generations. But it is paying dividends for Wal-Mart, which in the past five years has seen the pace of its lawsuits stabilize as potential plaintiffs and their lawyers opt not to sue after weighing the costs of fighting the retailer."

There is much more in the link below if you're interested, bored, or both.

From:

USA Today Article about Walmart Lawsuits
 
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