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any lawyers here need a gimmie?
Posted: Wed Oct 25, 2006 9:18 pm
by jtr
PASADENA --- When Ralphs employee Shantie Muraj prepared to raise the flag outside her store early Saturday she was hit on the head by a grocery cart pranksters had hoisted to the top of the flagpole, police said.
Muraj, 62, of Los Angeles suffered a broken neck and an 18-inch laceration on her head when the cart dropped on her after she undid the cord, Lt. John Dewar of the Pasadena Police Department said. She was reported in serious but stable condition in intensive care at Huntington Hospital in Pasadena.
We have no suspect information, other than someone did it as a prank, Dewar said Saturday. Another employee found her knocked out and called the paramedics.
Police were told of the incident by the manager of the store at 320 W. Colorado Blvd. about 3 p.m. Saturday and an investigation is under way, Dewar said.
The store manager declined to comment or give her name, and the Ralphs corporate headquarters were closed Saturday.
Dewar said the woman could easily have been killed by the falling cart; full-size shopping carts weigh an average of about 50 pounds.
Posted: Wed Oct 25, 2006 9:34 pm
by The Assassin
mvscal wrote:Exactly whom is she supposed to sue?
Nevermind just shut up and sit quietly in the corner.
the shopping cart company of course. :?
Posted: Wed Oct 25, 2006 9:46 pm
by jtr
how about the pranksters?
Posted: Wed Oct 25, 2006 9:50 pm
by The Assassin
jtr wrote:how about the pranksters?
We have no suspect information, other than someone did it as a prank, Dewar said Saturday.
I'm also going to guess that anyone who has the time and will to hoist a shopping cart onto a flagpole isn't exactly rolling in dough.
Posted: Wed Oct 25, 2006 10:20 pm
by Uncle Fester
But shopping carts are supposed to be heavy!
Ahhhkkyappp...not THAT heavy.
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Posted: Wed Oct 25, 2006 10:35 pm
by Terry in Crapchester
For the time being, the only claim she has is under the workers' compensation law.
If they find the pranksters, that could be another story. But then again, whoever did that is probably judgment proof anyway.
Posted: Wed Oct 25, 2006 10:37 pm
by The Seer
We should all pitch in our share; as we all inhabit the world, which was set up with gravity; which caused the cart to fall downward....
sincerely,
the late johnny cockring
Posted: Wed Oct 25, 2006 10:40 pm
by Luther
There was no shopping cart.
--TVO
Rip City
Posted: Wed Oct 25, 2006 10:45 pm
by Kansas City Kid
Wow, maybe we should sue as well.
Sincerely,
Tupac Shakur
Notorious B.I.G.
Bob Crane
The Lindbergh Family
Posted: Wed Oct 25, 2006 11:01 pm
by smackaholic
y'know jess, it's a damn good thing you got into this professional pissmop gig, because your stunning lack of brain activity make you otherwise pretty much unemployable.
Posted: Wed Oct 25, 2006 11:37 pm
by Rich Fader
mvscal wrote:Maybe she should sue her parents for failing to endow her with even a minimal degree of situational awareness.
You know, I hate to say this, but I have to agree that at some point, I think I might have looked up the pole and think, "Hey, how in hell did
that get up there?"
Posted: Wed Oct 25, 2006 11:48 pm
by Y2K
bwaaaaaa
You would think a shopping cart hoisted up a flagpole might just garner a little attention span.
Dumb bitch probably wont be looking up for quite some time as she sports the new Halo Headgear, obviously it something she won't miss.
Posted: Thu Oct 26, 2006 12:11 am
by Jimmy Medalions
Luther wrote:There was no shopping cart.
--TVO
Rip City
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Posted: Thu Oct 26, 2006 12:48 am
by XXXL
This is an excellent Workers Compensation case.......
I usually steer clear of Workers Comp matters, but a phone call from this plaintiff would be a welcomed call at my office.
Posted: Thu Oct 26, 2006 1:33 am
by Trampis
XXXL wrote:This is an excellent Workers Compensation case.......
I usually steer clear of Workers Comp matters, but a phone call from this plaintiff would be a welcomed call at my office.
Being from Hawaii your probably sick of all the falling cocunut claims?
Posted: Thu Oct 26, 2006 4:54 am
by Cross Traffic
smackaholic wrote:y'know jess, it's a damn good thing you got into this professional pissmop gig, because your stunning lack of brain activity make you otherwise pretty much unemployable.
He's still recovering from getting smacked upside the dome with the Vonage box.
Posted: Thu Oct 26, 2006 12:48 pm
by BSmack
Terry in Crapchester wrote:For the time being, the only claim she has is under the workers' compensation law.
If they find the pranksters, that could be another story. But then again, whoever did that is probably judgment proof anyway.
Chances are that the perps were under 21. What about their parents?
Posted: Thu Oct 26, 2006 4:21 pm
by Terry in Crapchester
BSmack wrote:Terry in Crapchester wrote:For the time being, the only claim she has is under the workers' compensation law.
If they find the pranksters, that could be another story. But then again, whoever did that is probably judgment proof anyway.
Chances are that the perps were under 21. What about their parents?
Assuming that's true, that would depend on California's laws regarding parental liability for tortious acts of their minor children. Not all jurisdictions would hold the parents liable under these circumstances.
Re: any lawyers here need a gimmie?
Posted: Thu Oct 26, 2006 4:29 pm
by smackaholic
jtr wrote:Muraj, 62, of Los Angeles suffered a broken neck and an 18-inch laceration on her head ....
missed that the first time through. Anybody else thinkin' to them selves, damn, that's one bigass head. That's nearly as big as jess' jowls.
Posted: Thu Oct 26, 2006 4:53 pm
by Dinsdale
An employer is responsible for ensuring that all duties performed by their employees are safe.
This employer did not.
Then again, it don't take a FEMA worker to make sure a heavy thing isn't going to whack you when you do...anything....so, there is that.
Posted: Thu Oct 26, 2006 5:01 pm
by BSmack
Dinsdale wrote:An employer is responsible for ensuring that all duties performed by their employees are safe.
This employer did not.
Then again, it don't take a FEMA worker to make sure a heavy thing isn't going to whack you when you do...anything....so, there is that.
The FEMA worker would have never been hit. He'd still be in route to the site.
sin
New Orleans
Posted: Thu Oct 26, 2006 5:17 pm
by Dinsdale
Believe the Heupel wrote:You don't get to sue your employer for an injury sustained at work unless you can show willful negligence or callous disregard for safety.
Certainly true. Your problem here is that you've grossly underestimated the sleaze factor of ambulance chasers.
They'll find a way.
And in the
real world, Workmen's Comp is going to basically tell her to fuck off, and she'll probably have to sue to even get the hospital bills paid...because that is how Comp providers roll.
Re: any lawyers here need a gimmie?
Posted: Thu Oct 26, 2006 5:34 pm
by Cuda
jtr wrote: 320 W. Colorado Blvd. .
Real Colorado Blvds run north & south, poser
Posted: Thu Oct 26, 2006 5:39 pm
by The Whistle Is Screaming
Uncle Fester wrote:But shopping carts are supposed to be heavy!
Ahhhkkyappp...not THAT heavy.
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Rack* Fester!
* why it took this long is crime.
Posted: Thu Oct 26, 2006 9:04 pm
by The phantorino
we all know that it's whitey's fault. The Shantie Muraj's of this world will never get a fair shake in the legal system.
Q: How many times did you loosen the string to the flag?
A: each morning for the last 14 years.
Q: Why didn't you look up?
A: I knda knew what was ther after the first 5.
Posted: Fri Oct 27, 2006 1:55 am
by XXXL
Believe the Heupel wrote:XXXL wrote:This is an excellent Workers Compensation case.......
I usually steer clear of Workers Comp matters, but a phone call from this plaintiff would be a welcomed call at my office.
No offense, but why?
There's really no material dispute from the insurance company here. She got hurt. She was at work. WC statute in every state doesn't allow contributory negligence as a defense, so the insurance company isn't going to really say "Well, she should have seen the shopping cart." They'd lose that one every time and they know it-so they wouldn't even try it. As soon as the company reports the claim, the insurance company is gonna pay this one at statutory limit for the injuries sustained plus whatever the Cali lost wages limit is.
A lawyer is about as useful in this situation as tits on a boar unless the insurance company refuses to pay or the supermarket didn't carry insurance. Unless you try to sue the manufacturer of the cart, who in turn would try to action over the suit to the supermarket. Of course, before it got that far the judge would grant summary dismissal
edit: Just to be clear, I don't see any way an attorney gets their client any more money on this one. WC is sole remedy for an injury sustained at work. I'm curious what I'm missing.
The insurance company will pay according to her disability rating, and that won't happen until the PTP does the exam, and at that point, the employer selects the PTP, so a default statement that counsel won't help is novel IMO.......
Posted: Fri Oct 27, 2006 2:20 am
by poptart
Does Fatsak post here .... ?