Washington
Dear Forum Members:
Good Afternoon,I am a 50-year old woman who on the evening of
4-7-03, was shopping in a local mega super market with my two children aged 9 and 5 at the time,I usually purchased around $900.00 per month at this store for many years (shopping for two households), I was a preferred customer and all employees knew me.
The store had just put out several new displays. In the main aisle, probably 12-feet wide there was a pallet with plastic containers of kitty liter on it. The litter covered the whole palet and stood two high. There was a case of coke and some other articles placed on top of the litter containers by customers. Since a palet is ? 4" to 6" high and each plastic container is 14" to 15" high, it would bring the display to shortest - at least 32" to 34" off the ground, and would be equal to my hip. A sturdy display like that you should have been able to ram it and been safe. No I Didn't!
Background: I have never sued anyone in my life. I have been injured before. I broke my ankle in a store once because of water on the floor and did not sue. Also, I am the sort of person that when hurt don't rush to the doctor, because I say It will go away, give it time it will go away.
At the time of the accident, I was taking care of my 83-year old mother-in-law who was in her last days, and was not working outside of the home. I am a professional secretary. I must have slightly tapped the corner of the display with the cart, (I didn't feel bumping it) and before I got 2-steps I was hit from behind. 4-plastic (squared) containers each holding 40-pounds of kitty litter and a case of coke hit me from behind. Striking the right side of my body hitting the back of my right leg. The case of coke fell to the ground after it hit me in the back. The plastic containers fell as if a whole block, stricking me in the back of my right leg, I was knocked down, as they hit the top two containers rolled off my leg to each side one to the left, one to the right. The bottom two containers were pinned to my leg, they had struck me with such force that the metal carring handles had twisted into a knot tieing the two containers together and binding them together around my leg one on each side weighing me down. I twisted around tring to get them off of me. I could not get them off or my leg out. I was trying not to pass out, from the pain. I twisted around again, fighting to get them off my leg. My 9-year old daughter started to panic, I could not remove them. She ran to get help, from the manager, the manager told her that she would come in awhile that she could'nt leave her cash register because she had people in line, and that the other clerk was at break (This is Albertson's - I think they have enough clerks). My daughter came back scared, because the manager wouldn't come to help, I calmed her, I was in a funny position because I could not even get on the ground, my leg was bound at an angle, and the containers applied enough pressure that I was immovable. I kept trying and can remember saying don't pass out now, the kids are terrified. My daughter ran back again and was told the same. I twisted around trying to get out. I said, if I pass out or look like I'm asleep don't let your sister out of that shopping cart for nothing, don't let her out. She ran to find someone who would help, and came back with and older employee who bags groceries. She said how could that happen, I SHOWED HER THE PALET USED HAD AN INCOMPLETE PIECE OF WOOD ON THE END, the end piece of wood was missing, there was only half of a slat there. The containers were actually were teetering, it would never have happened if the complete slat were on the edge of the palet.
She turned back after seeing what happened, and went to go make to manager come. she came after about 15-minutes. I was clear, but trying not to pass out from the pain still. I picked up the metal handles from the floor, they were bent and twisted together, tied in a knot (I couldn't believe it, went WOW! Look at that, No Wonder!) I placed the tied-up metal handles in my shopping cart, the manager looked at them went wow, tried to take them and I said I want those I want to show my husband he won't believe it. She sent someone to bring me ice, she said should I call an ambulance I didn't know what to do with the kids. She said WE WILL PAY FOR EVERYTHING! I said I don't have any medical insurance coverage right now, she said see if you can get home and if you need the ambulance to take you to the hospital call me and I will send it to you. She kept saying don't worry Albertson's will pay for everything, I swear. When I got home the manager had taken the metal handles out of my stuff, and it was not there, when we asked for them they had disappeared and couldn't be found anywhere. My husband swore to stay with his mom and watch the kids, and he took me to the store so the paramedics could see me. They decided to take me to the hospital. At the hospital, I was given crutches, medications, told I had contusions on my arms and legs. My doctor said I have a herniated disk. Another doctor my doctor sent me to see said hernia healing, deviation to the spine left.
The bottom line: They refused to pay for medical or medication from the start, said they wouldn't pay a dime knowing I was injured in their store and had no medical insurance coverage. I went to a lawyer to ask his advice, he filed a claim for slip and fall because he said that there is no other way to file a claim of this type, even though it is not a slip and fall but negligence. I have suffered intense back and neck pain this whole time with little releif, have sought medical help only when the pain was unbearable, unable to finish my physical therapy, or have a scheduled treatment plan.
I was in the local emergency room several months ago all day long when the doctor came in and said I'm so glad you came in today. I finally found the problem, you have a severely pinched nerve at the base of your spine and neck and this is why you still get numb, drop things, and are in so much pain all the time. It took all this time for one man bless his heart to find the problem. (I had a previous injury to my neck in 1989, no problems whatsoever since then.) That bill was almost $3,000 in itself. Multicare is going to sue me for balance due, each time you see your doctor it runs $112.00.
My lawyer received a letter from Albertson's stating that I should accept $1,000 and walk away. That would not even cover one medical bill, let alone all. I thought about all the suffering without medical care or medication to ease the pain. The fact that I didn't receive the medical care I needed that prolonged and increased the pain and suffering. And all the times I yelled at the kids and all the things I missed doing. My lawyer and I parted ways, I don't think I received proper representation because he has so many cases, and that mabey he with all good intent toward me, did not file the right kind of case in the first place since it was not slip and fall but negligence on their part. I have several truthfull witnesses to the fact of my injury, witnesses to the fact of my pain, and limitidness of motion. The day after the accident, at 8:30 a.m. a friend of mine went to Albertson's to buy donuts for the office and stated that there was not one palet in all of Albertson's, everything was on the ground flat, I sent my husband to see and sure enough all the palets had been removed that same night.
Sorry for the long story, but you have the main facts. Was I wrong to be displeased with Albertson's settlement offer, where to and what do I do from here on, and what is fair and responsible settlements in a case such as this. I am still in pain most of the time, and have an extreemly hard time working or accomplishing my daily routines and chores. Most of the time the chores are incompleted not from lazyness, and it hurts ones dynamics, spirit, and confidence.
In your experienced wizdom, please be so kind as to advise and direct. I do appreciate your consideration and time. Thank you.
Respectfully,
TRS
Dear Forum Members:
Good Afternoon,I am a 50-year old woman who on the evening of
4-7-03, was shopping in a local mega super market with my two children aged 9 and 5 at the time,I usually purchased around $900.00 per month at this store for many years (shopping for two households), I was a preferred customer and all employees knew me.
The store had just put out several new displays. In the main aisle, probably 12-feet wide there was a pallet with plastic containers of kitty liter on it. The litter covered the whole palet and stood two high. There was a case of coke and some other articles placed on top of the litter containers by customers. Since a palet is ? 4" to 6" high and each plastic container is 14" to 15" high, it would bring the display to shortest - at least 32" to 34" off the ground, and would be equal to my hip. A sturdy display like that you should have been able to ram it and been safe. No I Didn't!
Background: I have never sued anyone in my life. I have been injured before. I broke my ankle in a store once because of water on the floor and did not sue. Also, I am the sort of person that when hurt don't rush to the doctor, because I say It will go away, give it time it will go away.
At the time of the accident, I was taking care of my 83-year old mother-in-law who was in her last days, and was not working outside of the home. I am a professional secretary. I must have slightly tapped the corner of the display with the cart, (I didn't feel bumping it) and before I got 2-steps I was hit from behind. 4-plastic (squared) containers each holding 40-pounds of kitty litter and a case of coke hit me from behind. Striking the right side of my body hitting the back of my right leg. The case of coke fell to the ground after it hit me in the back. The plastic containers fell as if a whole block, stricking me in the back of my right leg, I was knocked down, as they hit the top two containers rolled off my leg to each side one to the left, one to the right. The bottom two containers were pinned to my leg, they had struck me with such force that the metal carring handles had twisted into a knot tieing the two containers together and binding them together around my leg one on each side weighing me down. I twisted around tring to get them off of me. I could not get them off or my leg out. I was trying not to pass out, from the pain. I twisted around again, fighting to get them off my leg. My 9-year old daughter started to panic, I could not remove them. She ran to get help, from the manager, the manager told her that she would come in awhile that she could'nt leave her cash register because she had people in line, and that the other clerk was at break (This is Albertson's - I think they have enough clerks). My daughter came back scared, because the manager wouldn't come to help, I calmed her, I was in a funny position because I could not even get on the ground, my leg was bound at an angle, and the containers applied enough pressure that I was immovable. I kept trying and can remember saying don't pass out now, the kids are terrified. My daughter ran back again and was told the same. I twisted around trying to get out. I said, if I pass out or look like I'm asleep don't let your sister out of that shopping cart for nothing, don't let her out. She ran to find someone who would help, and came back with and older employee who bags groceries. She said how could that happen, I SHOWED HER THE PALET USED HAD AN INCOMPLETE PIECE OF WOOD ON THE END, the end piece of wood was missing, there was only half of a slat there. The containers were actually were teetering, it would never have happened if the complete slat were on the edge of the palet.
She turned back after seeing what happened, and went to go make to manager come. she came after about 15-minutes. I was clear, but trying not to pass out from the pain still. I picked up the metal handles from the floor, they were bent and twisted together, tied in a knot (I couldn't believe it, went WOW! Look at that, No Wonder!) I placed the tied-up metal handles in my shopping cart, the manager looked at them went wow, tried to take them and I said I want those I want to show my husband he won't believe it. She sent someone to bring me ice, she said should I call an ambulance I didn't know what to do with the kids. She said WE WILL PAY FOR EVERYTHING! I said I don't have any medical insurance coverage right now, she said see if you can get home and if you need the ambulance to take you to the hospital call me and I will send it to you. She kept saying don't worry Albertson's will pay for everything, I swear. When I got home the manager had taken the metal handles out of my stuff, and it was not there, when we asked for them they had disappeared and couldn't be found anywhere. My husband swore to stay with his mom and watch the kids, and he took me to the store so the paramedics could see me. They decided to take me to the hospital. At the hospital, I was given crutches, medications, told I had contusions on my arms and legs. My doctor said I have a herniated disk. Another doctor my doctor sent me to see said hernia healing, deviation to the spine left.
The bottom line: They refused to pay for medical or medication from the start, said they wouldn't pay a dime knowing I was injured in their store and had no medical insurance coverage. I went to a lawyer to ask his advice, he filed a claim for slip and fall because he said that there is no other way to file a claim of this type, even though it is not a slip and fall but negligence. I have suffered intense back and neck pain this whole time with little releif, have sought medical help only when the pain was unbearable, unable to finish my physical therapy, or have a scheduled treatment plan.
I was in the local emergency room several months ago all day long when the doctor came in and said I'm so glad you came in today. I finally found the problem, you have a severely pinched nerve at the base of your spine and neck and this is why you still get numb, drop things, and are in so much pain all the time. It took all this time for one man bless his heart to find the problem. (I had a previous injury to my neck in 1989, no problems whatsoever since then.) That bill was almost $3,000 in itself. Multicare is going to sue me for balance due, each time you see your doctor it runs $112.00.
My lawyer received a letter from Albertson's stating that I should accept $1,000 and walk away. That would not even cover one medical bill, let alone all. I thought about all the suffering without medical care or medication to ease the pain. The fact that I didn't receive the medical care I needed that prolonged and increased the pain and suffering. And all the times I yelled at the kids and all the things I missed doing. My lawyer and I parted ways, I don't think I received proper representation because he has so many cases, and that mabey he with all good intent toward me, did not file the right kind of case in the first place since it was not slip and fall but negligence on their part. I have several truthfull witnesses to the fact of my injury, witnesses to the fact of my pain, and limitidness of motion. The day after the accident, at 8:30 a.m. a friend of mine went to Albertson's to buy donuts for the office and stated that there was not one palet in all of Albertson's, everything was on the ground flat, I sent my husband to see and sure enough all the palets had been removed that same night.
Sorry for the long story, but you have the main facts. Was I wrong to be displeased with Albertson's settlement offer, where to and what do I do from here on, and what is fair and responsible settlements in a case such as this. I am still in pain most of the time, and have an extreemly hard time working or accomplishing my daily routines and chores. Most of the time the chores are incompleted not from lazyness, and it hurts ones dynamics, spirit, and confidence.
In your experienced wizdom, please be so kind as to advise and direct. I do appreciate your consideration and time. Thank you.
Respectfully,
TRS
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