Jump to content



Photo
nebraska u.s. district court hilex poly co. medical expenses double-bagging

  • Please log in to reply
45 replies to this topic

#1 Hum

Hum

    totally wAcKed

  • 63,491 posts
  • Joined: 05-October 03
  • Location: Odder Space
  • OS: Windows XP, 7

Posted 31 August 2013 - 21:27

LINCOLN, NE –  An eastern Nebraska man has sued Wal-Mart, saying the failure of an overfilled plastic shopping bag led to the death of his wife.

The lawsuit was first filed in February by William Freis, of Plattsmouth, in Sarpy County but has since been moved to U.S. District Court in Omaha, the Lincoln Journal Star reported.

The lawsuit says the bag failed on April 16, 2010, outside a Wal-Mart store in the Omaha suburb of Bellevue. The lawsuit says a cashier placed two 42-ounce cans of a La Choy product and a 2-pound bag of rice in a single bag and handed it to Lynette Freis.

The bag broke as she carried it to her car, the lawsuit says, and one of the cans fell on her right big toe, cutting and fracturing it. The injuries led to an infection that spread through her body and, despite antibiotics, hospitalizations and two surgical procedures, "ultimately resulted in her death on March 12, 2011."

The lawsuit says Wal-Mart failed to properly train its employees on filling the bags or when double-bagging should be employed. :huh:

The lawsuit also named the bag's manufacturer, Hilex Poly Co., of Hartsville, S.C., alleging that the bag was defective, and St. Louis-based Bunzle Distribution, which provided the bag to Wal-Mart.

The lawsuit seeks nearly $657,000 for medical and funeral expenses, plus an unspecified amount for her pain and suffering and the loss to her husband.

Neither Wal-Mart nor the other defendants has yet filed an answer to the allegations, but Wal-Mart had sought to move the case to federal court.

Wal-Mart spokesman Randy Hargrove extended condolences to the Freis family and said "customer safety is a top priority, and we take it seriously any time an injury is reported in one of our stores."

more




#2 Atomic Wanderer Chicken

Atomic Wanderer Chicken

    Assistant Special Agent Chicken in charge

  • 3,699 posts
  • Joined: 20-August 12
  • Location: Black Mesa Research Facility, USA
  • OS: Windows 95 with Microsoft Plus
  • Phone: Motorola MicroTAC Elite

Posted 31 August 2013 - 21:35

So the person didn't ask for them to double bag the items or to put the items into two bags?  If I think a bag at checkout is very full, I make sure its double bagged.

 

"The injuries led to an infection"

 

I don't think Wal-Mart should be liable because the bag didn't cause instant death and her death was cause by a complication later on.



#3 OP Hum

Hum

    totally wAcKed

  • 63,491 posts
  • Joined: 05-October 03
  • Location: Odder Space
  • OS: Windows XP, 7

Posted 31 August 2013 - 21:38

What shoes was she wearing -- flip-flops ?

 

Why didn't she use a shopping cart to transport the 'heavy' items ?

 

I'd be laughing this lawsuit out of court. :laugh:



#4 +techbeck

techbeck

    It's not that I am lazy, it's that I just don't care

  • 19,639 posts
  • Joined: 20-January 05

Posted 03 September 2013 - 12:14

I bagged grocerys back in high school and was taught a certain way how to do it.  You shouldnt have to ask for it to be double bagged.  The baggers should know.



#5 ILikeTobacco

ILikeTobacco

    Neowinian Senior

  • 4,789 posts
  • Joined: 08-July 10

Posted 03 September 2013 - 12:20

"The lawsuit seeks nearly $657,000 for medical and funeral expenses, plus an unspecified amount for her pain and suffering and the loss to her husband."

I agree with the medical and funeral expenses and probably to the loss to the husband butt he pain/suffering in regards to her shouldn't go to her husband. His suffering from the loss should be covered in the loss and hers is irrelevant since shes not alive to collect.



#6 spacer

spacer

    I'm awesome

  • 6,677 posts
  • Joined: 09-November 06
  • Location: Connecticut, USA
  • OS: Windows 7
  • Phone: Nexus 4

Posted 03 September 2013 - 12:22

How is this in any way Walmart's fault? She died from an infection, not the injury itself. So if anything, I'd say her doctors are to blame, and that is only if they failed to treat her properly. Also how do they know the infection wasn't a result of the surgery? That seems like a more likely scenario.



#7 +MikeChipshop

MikeChipshop

    Miniman

  • 7,465 posts
  • Joined: 02-October 06
  • Location: Scotland
  • OS: Windows 8, iOS, Android, WP8
  • Phone: HTC 8X / Nexus 5

Posted 03 September 2013 - 12:26

Sh*t happens. Can't really blame Wall-mart



#8 Anibal P

Anibal P

    Neowinian

  • 4,406 posts
  • Joined: 11-June 02
  • Location: Waterbury CT
  • OS: Win 8.1
  • Phone: Android

Posted 03 September 2013 - 12:28

How is this in any way Walmart's fault? She died from an infection, not the injury itself. So if anything, I'd say her doctors are to blame, and that is only if they failed to treat her properly. Also how do they know the infection wasn't a result of the surgery? That seems like a more likely scenario.

 

Walmart has deeper pockets and since they are a big name the lawsuit hits the press making this to be a bigger deal than it really is, and if Walmart doesn't pay out it become more fodder for the idiots that hate everything and anything Walmart does 



#9 SpeedyTheSnail

SpeedyTheSnail

    Resident Snail Herder

  • 1,561 posts
  • Joined: 29-June 04
  • Location: Caprica

Posted 03 September 2013 - 12:32

In America we sue first, then think later!



#10 ILikeTobacco

ILikeTobacco

    Neowinian Senior

  • 4,789 posts
  • Joined: 08-July 10

Posted 03 September 2013 - 12:35

How is this in any way Walmart's fault? She died from an infection, not the injury itself. So if anything, I'd say her doctors are to blame, and that is only if they failed to treat her properly. Also how do they know the infection wasn't a result of the surgery? That seems like a more likely scenario.

Should probably read the article next time before posting. Doctors were already found not at fault. The infection came before any surgery. The infection would have never happened had the items been properly bagged like all cashiers at Wal Mart are suppose to know how to do. Just because you are a minimum wage employee doesn't mean you can ignore the rules of your job and do something unsafe like was done here. Wal Mart is responsible for its employees, hence Wal Mart is at fault.



#11 Torolol

Torolol

  • 3,157 posts
  • Joined: 24-November 12

Posted 03 September 2013 - 12:37

despite antibiotics

he beter sue big pharmas who actively promoting oral antibiotics,
that heavyly suspected make germs more resistant to previously known good injections-antibiotics.

#12 SpeedyTheSnail

SpeedyTheSnail

    Resident Snail Herder

  • 1,561 posts
  • Joined: 29-June 04
  • Location: Caprica

Posted 03 September 2013 - 12:43

Should probably read the article next time before posting. Doctors were already found not at fault. The infection came before any surgery. The infection would have never happened had the items been properly bagged like all cashiers at Wal Mart are suppose to know how to do. Just because you are a minimum wage employee doesn't mean you can ignore the rules of your job and do something unsafe like was done here. Wal Mart is responsible for its employees, hence Wal Mart is at fault.

I bet the infection came after ignoring the injury from the Walmart items for a duration of time until symptoms started showing. Sometimes things just happen, I've had bags break on me and had many things including a 150 lb aircraft engine stand fall on my foot, with no infection nor death (I'm an aircraft mechanic). Seems like a freak accident.

 

I bagged groceries in high school and would double bag pretty much everything, except bread. Bags aren't very good quality, and our paper bags always tore.



#13 ILikeTobacco

ILikeTobacco

    Neowinian Senior

  • 4,789 posts
  • Joined: 08-July 10

Posted 03 September 2013 - 13:19

I bet the infection came after ignoring the injury from the Walmart items for a duration of time until symptoms started showing. Sometimes things just happen, I've had bags break on me and had many things including a 150 lb aircraft engine stand fall on my foot, with no infection nor death (I'm an aircraft mechanic). Seems like a freak accident.

 

I bagged groceries in high school and would double bag pretty much everything, except bread. Bags aren't very good quality, and our paper bags always tore.

I use to prefer paper bags just because they were more environmentally friendly but had to many accidents. Get some cold groceries sweating in there and triple bagging wouldn't help you lol.



#14 Zaic

Zaic

    Z

  • 380 posts
  • Joined: 30-October 03
  • Location: Lithuania

Posted 04 September 2013 - 06:47

In my country we bag our stuff our selfes, no one has yet died....



#15 Aheer.R.S.

Aheer.R.S.

    I cannot Teach Him, the Boy has no Patience!

  • 12,043 posts
  • Joined: 15-October 10

Posted 04 September 2013 - 06:49

*statement withdrawn*