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Man sues Wal-Mart, claims overfilled plastic bag led to wife's death @_@

#1MadaraXponylandPosted 8/29/2013 12:39:51 PM
Warning, foxnews link

http://www.foxnews.com/us/2013/08/29/man-sues-wal-mart-claims-overfilled-plastic-bag-led-to-wife-death/

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.

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 his pain and suffering and the loss to his wife.

Representatives of Hilex didn't immediately return messages from The Associated Press on Wednesday.

Bunzl spokeswoman Dawn Ouchi said the company wouldn't comment on the litigation.

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."

But Hargrove declined to comment directly on the allegations and said Wal-Mart will respond appropriately in court.


If a true story, wow what a tragedy. Of course Walmart has more than enough money to help out, but this seems more like an accident and I don't think Walmart should be responsible.

Thoughts?
#2Villain_S_FiendPosted 8/29/2013 12:48:37 PM(edited)
But Walmart is responsible. The cashiers are responsible for bagging products sold responsibly. Also, the injury happened on Walmart property.

It's a bizarre case, for sure, but just with the information given here, irresponsible action by what should be knowledgeable and trained staff employed by Walmart is what led to the woman's death. EDIT: Although, I don't know how things were/are when it comes to how soon the couple alerted Walmart to her injury and what legal steps would've needed to be taken and when.
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#3I have no namePosted 8/29/2013 12:48:13 PM
Villain_S_Fiend posted...
But Walmart is responsible. The cashiers are responsible for bagging products sold responsibly. Also, the injury happened on Walmart property.

It's a bizarre case, for sure, but just with the information given here, irresponsible action by what should be knowledgeable and trained staff employed by Walmart is what led to the woman's death.


This. It might sound silly, but legally I think he's got a case.
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#4IcewitchPosted 8/29/2013 12:49:01 PM
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#5ryan0991Posted 8/29/2013 12:55:03 PM
Icewitch posted...
People always looking to blame someone else for their own idiocy. Another Walmart moron.

Her own idiocy? What did she do wrong? Even if Walmart isn't at fault, neither is anyone else.
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#6RedJacksonPosted 8/29/2013 12:56:17 PM
Icewitch posted...
People always looking to blame someone else for their own idiocy. Another Walmart moron.


This isn't one of those cases
#7YouAreCrumbsPosted 8/29/2013 1:01:36 PM
The lawsuit also named the bag's manufacturer, Hilex Poly Co., of Hartsville, S.C., alleging that the bag was defective,

Was the bag defective or was the bagger negligent?
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#8IcewitchPosted 8/29/2013 1:05:19 PM
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#9kmick2Posted 8/29/2013 1:15:53 PM
Why didn't she ask the cashier/bagger to put the items in two bags?

She must have realized the bag was too heavy when she picked it up.
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I can walk away from millions because it's not right, but I'll be damned if I'll back an inch from a dime because it has to be so.-Bruce Lee
#10kmick2Posted 8/29/2013 1:17:18 PM
Common sense goes a long way.

For some people, it's spread pretty thin.
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I can walk away from millions because it's not right, but I'll be damned if I'll back an inch from a dime because it has to be so.-Bruce Lee