• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

Walmart truck runs over Limo, Walmart blames occupants for getting hurt

Page 2 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.
First... I'd hire Eric Cartman as my lawyer.

So let me get this straight.
Apparently to Walmart truck drives, everyone on the road are test dummies.
Apparently.
 
Hayabusa Rider said:
I don't know if you understand the nature of the job of driving. You are tasked to get somewhere in X number of hours or you are done. Whether it is rational does not matter. You get from A to B in X time or you're fired. In this day that means the chance of losing everything because you don't walk into another job. With work or ruin being the choices the former wins. Whether this applies in this specific case I can't say, but I do know it happens, often. So the the driver may have made the decision to eat and have a roof over his family's head, but ultimately those who blackmail people have responsibility in the matter. There is no such thing as a free choice when a gun is put to your head.

Edit- I see commuted 700 miles. That needs more examination. If the driver did so because of work (such as he was returning after a trip on business) then WM should have known the dangers. If he just decided to drive that distance then show up then it's on him.
Click to expand...

The driver was told to report to the warehouse located in Delaware and he lives in GA. WalMart knew where he was coming from before he arrived in DE.

- Merg
 
The Merg said:
The driver was told to report to the warehouse located in Delaware and he lives in GA. WalMart knew where he was coming from before he arrived in DE.

- Merg
Click to expand...

If my boss tells me to report to a particular place, it's up to me whether I do that in a safe manner.

Likewise, it's on the driver if he chooses to do what he did. There really isn't any arguing it.
 
sactoking said:
If Wal-Mart's claim is that the injured parties are at fault because they weren't wearing their seatbelts then Wal-Mart is full of it.

If Wal-Mart's claim is that the injured parties contributed to the severity of their injuries because they weren't wearing their seatbelts then Wal-Mart may have a perfectly legitimate srgument.
Click to expand...

While I haven't research it I'm pretty sure that's what's happening here.

Fern
 
Hayabusa Rider said:
I don't know if you understand the nature of the job of driving. You are tasked to get somewhere in X number of hours or you are done. Whether it is rational does not matter. You get from A to B in X time or you're fired. In this day that means the chance of losing everything because you don't walk into another job. With work or ruin being the choices the former wins. Whether this applies in this specific case I can't say, but I do know it happens, often. So the the driver may have made the decision to eat and have a roof over his family's head, but ultimately those who blackmail people have responsibility in the matter. There is no such thing as a free choice when a gun is put to your head.

Edit- I see commuted 700 miles. That needs more examination. If the driver did so because of work (such as he was returning after a trip on business) then WM should have known the dangers. If he just decided to drive that distance then show up then it's on him.
Click to expand...

The drivers have strict time regulations they have to abide by. They cannot, for instance, drive from LA to NY in a single go. They are only allowed, as per their regulations, to drive x amount of miles per y amount of hours.

If the driver chose to disregard the regulations put forth by Walmart or his trucking company, the company isn't liable IIRC. Now, they will sometimes settle, rather than fight this, but that depends on how much money is involved.

Walmart's lawyer is claiming that there is reason to believe that Tracy Morgan choosing to not use the safety devices required by law to be used contributed to the severity of his injury, which puts him partially at fault.
 
Pulsar said:
If my boss tells me to report to a particular place, it's up to me whether I do that in a safe manner.



Likewise, it's on the driver if he chooses to do what he did. There really isn't any arguing it.
Click to expand...


Very true, but if Walmart tells the guy to be in DE at 8 am and he was told at 10 pm the night before then I would think they would be liable. Now, if the schedule was set up a week or so in advance and he had a few days off in between jobs, the onus is on the driver then.

- Merg
 
The Merg said:
Very true, but if Walmart tells the guy to be in DE at 8 am and he was told at 10 pm the night before then I would think they would be liable. Now, if the schedule was set up a week or so in advance and he had a few days off in between jobs, the onus is on the driver then.

- Merg
Click to expand...

I agree. Hopefully enough info comes out to prove when he was told.
 
10-1-2014

http://www.huffingtonpost.com/2014/...gain_n_5912942.html?ncid=txtlnkusaolp00000592

Tracy Morgan May Never Perform Again, Doctors Reportedly Say



Tracy Morgan's professional fate is in limbo, with new reports indicating that he suffered a crippling brain injury following the crash he survived this summer.



He is currently in rehab for speech, cognitive, vocational and physical functionalities. Morelli said doctors don't yet know whether the wheelchair-bound Morgan, 45, will return to his previous self.
 
dmcowen674 said:
10-1-2014

http://www.huffingtonpost.com/2014/...gain_n_5912942.html?ncid=txtlnkusaolp00000592

Tracy Morgan May Never Perform Again, Doctors Reportedly Say



Tracy Morgan's professional fate is in limbo, with new reports indicating that he suffered a crippling brain injury following the crash he survived this summer.



He is currently in rehab for speech, cognitive, vocational and physical functionalities. Morelli said doctors don't yet know whether the wheelchair-bound Morgan, 45, will return to his previous self.
Click to expand...

Now that's some classy reporting right there. They even worked in a random figure on how much cash Walmart makes. Bravo
 
Comparative Negligence is nothing new and has been around for many years and is used in many states. If the defense can show that the occupants would not have been injured to the extent had they been wearing a seat belt then Wal Mart should not be liable for that amount.

I hate corporations as much as the next guy but this is a pretty well settled area of Tort law. It doesn't absolve Wal-Mart of liability, it simply reduces the amount of the award by the percentage that the plaintiff contributed to their own harm. It's also a standard defense in a state that has this system of negligence law.
 
Clemenza said:
Comparative Negligence is nothing new and has been around for many years and is used in many states. If the defense can show that the occupants would not have been injured to the extent had they been wearing a seat belt then Wal Mart should not be liable for that amount.

I hate corporations as much as the next guy but this is a pretty well settled area of Tort law. It doesn't absolve Wal-Mart of liability, it simply reduces the amount of the award by the percentage that the plaintiff contributed to their own harm. It's also a standard defense in a state that has this system of negligence law.
Click to expand...

Why do you hate corporations?
 
Just setting the chess board. No matter how you slice it, it was partly his fault for not mitigating the damaging effects of inertia.
 
Fern said:
Dave, it's a civil lawsuit case, what do you expect lawyers defending Walmart to do? Lawyers will try anything, often up to and including lying to defend their clients. What would you expect these lawyers to do - ruin their careers because Walmart is evil?

Edit: This is (much) less about corporations and more about lawyers and lawsuits anyway.

Fern
Click to expand...

Say hello to my little friend; https://www.youtube.com/watch?v=9vpJ_k3t6s4
 
You must log in or register to reply here.

TRENDING THREADS

Back
Top