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Jury finds against Wal-Mart
2theadvocate.com ^ | 06/02/07 | AP

Posted on 06/04/2007 5:25:34 AM PDT by TornadoAlley3

LIVINGSTON — A Livingston Parish jury returned a verdict worth more than $1 million against Wal-Mart in a wrongful death lawsuit filed in December 2005, attorneys and court officials said.

Ruby R. Guillory, 90, of Westlake died about month after she was hit in the leg by a garden cart being pushed by a Wal-Mart employee in the Walker Supercenter, plaintiffs’ attorney Timothy Pujol said in a statement.

Guillory’s leg bled from the 8-inch cut sustained Oct. 3, 2005. The wound later became infected.

She died five days after being released from a two-week hospital stay to treat that infection, the statement said.

Guillory lived in senior housing but performed all the daily activities of life before the injury, the statement said.

The jury that heard the case awarded Guillory’s three grown children $100,000 each for their mother’s wrongful death; $750,000 for mental anguish, pain and suffering and loss of enjoyment of life; and another $37,274 for medical and funeral expenses, court records show.

The jury found the Wal-Mart employee, Martha Watson Hookfin, 100 percent at fault, an unsigned verdict forum shows.

The award, which followed a three-day trial May 15, 16 and 17 in 21st Judicial District Court, totals $1.087 million. The court has jurisdiction in Livingston, Tangipahoa and St. Helena parishes.

A judgment awaited the signature of Judge Ernest Drake Jr. Friday afternoon, court clerks said.

He heard the case.

The attorney representing Wal-Mart and corporate public relations officials in Bentonville, Ark., didn’t return messages seeking comment Thursday and Friday.


TOPICS: Culture/Society; News/Current Events
KEYWORDS: gardencart; jury; lawsuit; louisiana; walmart
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To: Gabz

That is my thought as well.

Wish I could stay and discuss this further,but I got to go to work.

Have a fantastic day.


21 posted on 06/04/2007 6:01:44 AM PDT by Mrs.Nooseman (Proudly supporting our Troops and Allies!!!!)
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To: Mrs.Nooseman

You have a good day also!


22 posted on 06/04/2007 6:02:47 AM PDT by Gabz
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To: Gabz

Thanks.


23 posted on 06/04/2007 6:03:45 AM PDT by Mrs.Nooseman (Proudly supporting our Troops and Allies!!!!)
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To: Wage Slave

“but wondering about the hospital that possibly discharged her too early.”
Isn’t a greater danger at her age that she spend too much time in a hospital bed? I’ve known several very elderly who went into a hospital for something minor and because they were bedridden for a few weeks lost so much muscle mass that they were never able to walk again and just deteriorated from there.


24 posted on 06/04/2007 6:04:28 AM PDT by DancesWithBolsheviks (Demands, marches and media sob stories diminish my compassion.)
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To: TornadoAlley3
That damn Wal-Mart! Cutting that woman down in the prime of life like that! Uh... do you suppose the award was so much because the plaintiff attorneys provided evidence that there was a high likelihood of her being pregnant?
25 posted on 06/04/2007 6:10:27 AM PDT by badgerlandjim (Hillary Clinton is to politics as Helen Thomas is to beauty)
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To: E. Pluribus Unum
The woman was 90 years old.

She was going to die of something in the not too distant future.

Luckily she died in a manner which allowed her next-of-kin to cash in.

I think we have a winner!

Entirely possible that the Walmart employee should have been more careful; if you know someone is frail you take special care to avoid knocking them down. But as you say, this could also be a case of post hoc ergo prompter hoc fallacy - the lady suffered an insult that wouldn't have been likely to seriously harm a normal adult, even one of 65 years age.

Whoever took her to Walmart bears some of the responsiblity, IMHO, as does the hospital. But also the unfortunate woman, rest her soul, bore the responsibility of being 90. And people that old are temporary. We all are, for that matter . . .


26 posted on 06/04/2007 6:33:48 AM PDT by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters except PR.)
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To: ccmay

They got this right?:

“The jury found the Wal-Mart employee, Martha Watson Hookfin, 100 percent at fault, an unsigned verdict forum shows.”

So the the woman and her care takers have no responsibility to properly treat the wound to PREVENT the infection?

Once the infection set it, the hospital and her care takers had no responsibility to properly treat the infection/wound?

No responsibility on her part to take her meds? Were there any? (not mentioned)

Unless the walmart employee sprinkled her with bacteria then chained her down so she couldn’t get it treated, she is NOT 100% at fault...


27 posted on 06/04/2007 6:47:21 AM PDT by PissAndVinegar
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To: PissAndVinegar

Exactly my attitude.

A lot of people just plain don’t like WalMart and this is a result of that attitude. I don’t like Target, but guess what, if the store name here was Target, I would have the same attitude I have about it being WM....something is missing in this entire scenario.


28 posted on 06/04/2007 6:50:32 AM PDT by Gabz
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To: yankeedame
Cheese louise, it must have nearly sheered off her leg!

I would have a hard time figuring out how one could get an 8 inch cut from something that only stands a few inches off the ground. Unless it went up her foot/ankle/leg....I just don't see it.

Of course, I'm assuming that the "reporter" got it right. Last night, one of the local talking heads on the 10pm news lectured on the Battle of Midway. Being a WWII buff, I paid attention.....until they got just about every fact wrong, and left out all of the important ones.

This country needs fewer lawyers and more good journalists.

29 posted on 06/04/2007 8:24:25 AM PDT by wbill
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To: Always Right; Gabz; Mrs.Nooseman
That must have been one helluva cut.

MY mother is 78 and diabetic for years.

I have watched her just rub her arm absentmindedly and peel off all the skin to the meat.

Easy to see where a cart could cut her badly.

Was the frail lady that died taking precautions to keep distances between herself, and the cart, and other objects that could harm her?

Most elderly people I have noticed have this thin skin,easy to peel, hard to heal problem.

Yes, the associate could/should have been more careful.

I would like to see the surveillance tape myself.

Off to take grandkids to the doctors.

Morning Gabz and Mrs Nooseman!

30 posted on 06/04/2007 9:42:51 AM PDT by wanderin
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To: wbill
This country needs fewer lawyers and more good journalists.

I was saying that in the 80s - when I got out of journalism.

31 posted on 06/04/2007 10:05:40 AM PDT by Gabz
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To: conservatism_IS_compassion

What kind of a lawyer sues Wal Mart and fails to join the hospital as a defendant as well?


32 posted on 06/10/2007 8:53:24 PM PDT by duckandcover
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