Stupid lawsuits fill our courts all the time. And here's one that just takes the cake. A woman's fall in a puddle of vomit (yes, that's right, vomit!) has resulted in a lawsuit against Wal-Mart. June Medema, slipped in the vomit at a Davenport Wal-Mart on June 13, 2005, according to the lawsuit, filed by Medema and her husband, James, in Scott County District Court earlier this month. Medema claims that she was seriously injured in the fall.
The lawsuit alleges that Wal-Mart's negligence led to Medema's fall, but it does not specifically say how the store was negligent. First came a puddle of vomit and a fall, then a classified advertisement and now a lawsuit. June Medema suffered serious neck and upper back injuries from the fall, has undergone a number of surgeries and is disabled from work but she's only sueing for $5,000! If "June Medema suffered serious neck and upper back injuries from the fall, has undergone a number of surgeries and is disabled from work". I want to know how $5000 will cover "a number" of surgeries, disability, and legal fees? Is the cost of medical and legal fees that much cheaper in Blue Grass? I think we have a new definition of "country pumpkin" here.
In mid-March, the Medemas’ attorney, Michael K. Bush of Davenport, ran a Quad-City Times classified advertisement looking for witnesses to the incident. At the time, he thought two other people also had slipped and fallen because of the puddle, but he received no responses to the advertisement. Okay, so, Walmart didn't provide an "Caution: Wet Floor" sign. So, what. What'd she do go vomit sliding all around Walmart and ran into some produce? Who's to say she wasn't hurt before this incident, and she walked into Wal-mart and seen this pile of vomit, and took advantage of the situation? Some one said they have plenty of money, and they work hard for their money? Then why do they need $5,000? Maybe they should just sue for a $5.00 Walmart Giftcard? The person who vomited ain't even coming forward! And, doesn't Walmart have cameras? Just a thought...
But how should the big box store handle it? Is Walmart is suppose to assign a person to each of us who walks in, to make sure we don't miss it if we throw up or spill something. I don't think so. Here is the issue, all stores have people getting things on the floor...assume the risk people. Pay attention etc. Sorry you hurt your back, but again assume some responsibility here.Well, this was in a Walmart, so I could see how a "puddle" of vomit might be indistinguishable from the rest of the store environment.It's funny how simple accidents have to always be someone elses fault. Just because the vomit was on the store's floor, doesn't mean there was negligence. The store may not have even known about the mess. If this is the case, then how is it their fault/responsibility? Accidents happen ACCIDENTLY. That's life. Do what you can to ensure your own safety.That sad part is Wal Mart will probably pay the 5 grand and walk away, it's cheaper that way vs. fighting a bogus claim filed by some ambulance chaser attorney and people looking for a quick buck.
Heres something I've found useful...Look where you're walking!! I know the puke was in the middle of the aisle, but c'mon people, I hope you're not driving cars.
