Dumbest anti-Walmart nonsense ever

Walmart: Tracy Morgan Should’ve Worn Seatbelt When Our Truck Hit Him – http://huff.to/YDS8ra

Well, if you or I get in an at fault accident our insurers will be pleading contributory negligence.

If Walmart has an outside insurer that insurer has conduct of the case, not Walmart.

It’s not at all clear from the story that the driver let Walmart know that he hadn’t bothered to sleep in the over ten hours before reporting to duty.

It is unclear from the story whether the driver had gone over the state limit for time behind the wheel.  Given the multiplicity of states in a small area, if there are inconsistent laws they may be hard to keep track of.

In any event, the threshold for negligence is really a binary issue at the outset.  The type does not itself result in greater compensation if there is no punitive aspect.

If there is negligence, then you get into issues like contributory negligence, failure to mitigate, and in most cases where the only real contribution is failure to wear a seatbelt, there’s no logical correlation between the type of negligence and the apportionment, as the responsibility for the crash itself would still be 100 % in this case.

The insurer’s lawyer has a duty to plead the contributory negligence, especially when it is clearly there on the evidence, and if he doesn’t do it he himself is negligent.

Walmart again doesn’t get a say if they want to stay insured.

Plaintiff’s counsel knows that of course.

There’s lots of reasons to not like Walmart but that they exercise absolutely routine legal rights isn’t one of them.  It’s dangerous to think like that.  These are rights that protect you and I as well.

Plaintiff’s counsel would be well advised to use caution if he’s going to have trial by media.  

If the fractures healed well and the plaintiff is well insured himself, as he can certainly afford to be, his medical insurer probably has a subrogated claim to be paid out first.

So, after deduction of say 25 % for contributory negligence, his insurer gets paid out first and the contingency fees for the lawyer plus disbursements, he might not be netting much for a guy who is used to getting paid a lot.  A year’s salary for us might be a one night show for him.

Probably his own insurer has been covering lost wages etc and is going to claw it back through subrogation.

So how does he make Walmart pay?

Wrong thought process.

Court is not for validation or vindication.  If you think that way you will likely be disappointed even if you win. 

And, from a moral point of view, I don’t agree that the pain and suffering of the rich is greater, for the same injuries.  If anything, less.  It’s hard to get full value for unknown future contingencies.  If somebody poor or middle class has to retire 5 years early due to ongoing nagging effects of an injury or more rapid degeneration of the spine, that may mean living in abject poverty in retirement for decades.  It may mean working through pain for years before that.

Whereas a rich person is in a better position to avoid compounding their suffering with other resulting misery.


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