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the watermelon container was on top of the pallet and wasn't visible when Walker had to reach inside for his fruit. Walker did not step on the wood, but his foot slid in a side opening on the pallet. When he tried to turn towards his buggy, Walker's foot got stuck and he fell.
What !!!!!!!!!!!!!!!!!!!!
So the pallet wasnt sticking out or anything, he simply stuck his foot into it. That means any fixture without a closed off base is susceptible to this (which is almost any fixture in Wal Mart.
Played basketball 3 times a week with friends and a fall breaks his hip? He doesn't fall playing basketball? He must have had a very awkward fall.
7.5 million seems excessive
I would bet this less about the actual fall and what caused it and more about how the individuals on the jury feel about walmart in general.
$7.5 million is chump change for walmart though, I dont see them appealing, easier to just pay it off and move on, an appeal would be bad for PR and keep them in the headlines longer. a HUGE company like walmart does not view that amount of money the same way people like we do, its just not that much to them.
The jury wawarded the $7.5 mil? Juries have a lot of discretion in awarding damages, and often choose either extreme - too much or too little. They have little guidance as to what is proper for a case. This will probably be altered on appeal.
I would bet this less about the actual fall and what caused it and more about how the individuals on the jury feel about walmart in general.
$7.5 million is chump change for walmart though, I dont see them appealing, easier to just pay it off and move on, an appeal would be bad for PR and keep them in the headlines longer. a HUGE company like walmart does not view that amount of money the same way people like we do, its just not that much to them.
And you have summed up the problem nicely. The deep pockets mentality. The company has a lot of money so it should pay a lot of money. They can afford it. The problem with our society today is that juries will determine guilt as much on a payout as on actual wrong doing. Every warning label on a ladder is an example of a ladder company losing a lawsuit.
In this case. Customer doesn't pay attention to his surroundings and slips. He falls. He gets hurt. It can't be his own fault. It must be someone else's. He calls an ambulance chaser. The lawyer hears that it happened at Walmart. He see's millions being deposited in his account and takes the case. The lawyer knows that the deep pockets mentality of Americans assures him of a mega payout.
Played basketball 3 times a week with friends and a fall breaks his hip? He doesn't fall playing basketball? He must have had a very awkward fall.
7.5 million seems excessive
Sure, it does seem excessive, but you can't fake a broken hip.
Sure, it does seem excessive, but you can't fake a broken hip.
But was Walmart at fault or the individual's own clumsiness?
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