The Cellar - Black Friday Sales

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Quote:

Originally Posted by Undertoad (Post 509013)

Worker dies at Long Island Wal-Mart after being trampled in Black Friday stampede

Read the blog at the bottom of the article. There's a lot of 'those people' comments. For some reason, people think that mob behavior is limited by skin color.

Lends new meaning to the title Black Friday Sales.

Well, he died on the job. I'm sure Wal-mart will give his family an employee discount on the casket.

At least they won't grab his settlement.

There is no way that I'd risk my life or safety for these guys.

We need a lawyer to comment, but I would say there had to be some negligence on the part of the management for not noting the throngs of shoppers pushing up to the doors to get in at the moment they were opened. They need to have a better system to allow access to the building that provides for the safety of the staff and the shoppers. I feel a good lawsuit coming on.

Quote:

While it is always tempting to dump on Walmart, there are very sound justifications for subrogation clauses. Assuming no contributory fault, the tort victim is legally entitled to full compensation from the tortfeasor for all past, present, and future costs, including those covered by insurance. The goal, of course, is to make the victim whole. If insurance companies didn’t recover some costs using subrogation clauses, victims would receive a windfall and the rest of us would end up paying for it through higher insurance premiums.

Insurance companies SHOULD (and in some states are required) to discount any subrogation claim by the standard 30%-33% cut that the victim’s lawyer gets in a contingent fee arrangement. It’s unclear whether Walmart did so in this case.

As far as I can tell, the real bad guy here is the victim’s lawyer, who struck a really bad deal for her client, possibly to hasten the laywer’s payout. What kind of settlement only provides for FUTURE costs, without including an allocation for PAST costs? What kind of lawyer doesn’t check for subrogation clauses in her client’s medical insurance?

As a humanitarian matter in this case, Walmart probably did the right thing, since it seems like this woman was the victim of some really bad lawyering. But in general, I want insurance companies to go after their share of settlements and damage awards so as to minimize costs to the system. (And before I get attacked, I am a victim who will have to turn a big portion of my damage award over to my insurance company because of a subrogation clause, so I’m taking the same medicine I’m prescribing).

— AnneS

4. April 4, 2008
1:06 pm

Link
I partially take back what I wrote about the plaintiff’s lawyer - it wasn’t a REALLY bad deal, just a stupidly careless one. Having the damages paid into a trust account for future care, then writing a letter to Walmart saying the victim had no money to pay because none of it was under her control, was cute, but ultimately very risky, since anyone looking at it afterwards knows that it was a trick. They should have arrived at a written arrangement beforehand - believe it or not, most insurance companies would prefer not to litigate the matter and many are willing to reach an accommodation. Try getting cute, though, and you often just succeed in ticking off the other side and any subsequent judge who has to wade his way through the quagmire.

— AnneS

Some comments after that article Rich. While that was a pretty stupid PR move for walmart let's not pretend they're some evil entity specifically creating ways to screw their employees. It sounds like the lawyer may have made some mistakes which opened the can of worms.

This would make a great CSI episode.

Motherƒuckers gave me the wrong TV!

I was showing the box, still in the back of the van, to Pooka, and I was like "720p? This should be 1080p... 31.5" diagonal viewing area?! WTF?!"

It's okay, I have the reciept for the correct TV, they literally just grabbed the wrong box out of the warehouse; and they do have the correct one (1080p 37") still in stock. Maybe next time I'll trample somebody to death--apparently that's what it takes to get decent service these days.

Quote:

Originally Posted by lookout123 (Post 509047)

let's not pretend they're some evil entity specifically creating ways to screw their employees.

yeah, there really is no need for that.

pretending, that is.

NO WAY. I hate shopping. Shopping in a crowd like that would be my personal idea of HELL.

I am shopping online.

We went to the mall today, for entirely unrelated purposes (we weren't even buying anything.) It was crowded, but not out of line with the Christmas season as a whole, and everyone was being exceedingly polite, especially in the food court where tables and chairs were hard to come by.

Went to ToysRUs. Almost bought a Wii for @250. Good price, but, seriously--what am I going to do with it? Play Guitar Hero all by myself?

Quote:

Originally Posted by richlevy (Post 509017)

Read the blog at the bottom of the article. There's a lot of 'those people' comments. For some reason, people think that mob behavior is limited by skin color.

I just got to the photo gallery ... there is a remarkable level of similarity in ALL of the people in the photos.

Quote:

Originally Posted by wolf (Post 509146)

I just got to the photo gallery ... there is a remarkable level of similarity in ALL of the people in the photos.

Don't believe your eyes, wolf. When you become enlightened, you are freed from such illusions.

Please consult your political correctness handbook for the accepted interpretation of these photographs.

Quote:

Originally Posted by TheMercenary (Post 509045)

There will be lots of lawsuits. In fact, I think I'll file one. I'm pretty traumatized by this.

Quote:

Originally Posted by Flint (Post 509069)

Maybe next time I'll trample somebody to death--apparently that's what it takes to get decent service these days.

No, they closed the store after the death...and people got furious because, after all, they'd waited in line for hours.

Got to have your priorities straight.