Originally Posted by joedpl
Just contacted LEX18 news. We'll see if they want to run with the story.
Just contacted LEX18 news. We'll see if they want to run with the story.
Let us know how it works out.
Any news if the news is going to run your story??
Doesn't look like they're interested, but I'm drafting a letter right now that I'll send to the two local news papers. Hopefully one of them will publish it! I'm still waiting for the court to send us the new paperwork letting us know what the new date is in civil court. We're hoping Wal-Mart will settle before then - realizing we have a REALLY strong case and avoiding the public trial!
Sounds to me like you are not going to get anything from it and its more of a headache than its worth... That claim on your insurance would be a comp claim, and from what I understand they do not go against your policy when the underwriters look at them. In other words, your premium will not go up for filing the claim. Depending on what your deductible is, that might be the route to go. Get it fixed and done with. You seem to have already spent way to much time getting the run around. Just my 2 cents.
Well, if I went that route - I would have paid my $ 500 dedutible anyway! The point here is it was not our fault. Wal-Mart is going to pay. I would expect the same if any of your vehicles had gotten damaged!
The bad part here folks is Wal-Mart says they are not responsible - if a sign had fallen down and (God forbid) killed someone - what would they have said? It was an act of God? If we let this go - it only adds to their plan of denying claims hoping people just go away. Well, I'm not one of those people!
But in the legal stand point, your claim has no grounds. If it is deemed as an "act-of-god" then in black and white Wal-Mart is not responsible.
"What IF" somebody got hurt? "What IF" the whole pole fell on your truck? These are questions you can ask, but they will never get answered and they don't hold up to anything in court.
Trust me, I understand your frustration but in reality I do not see it going your way. I have a scuff on one side of my truck, and a ding on the other, both from carts. I should have filed a claim with my insurance but I didn't.
Word to the wise, Comp is not expensive, change it to a $0 deductible, its worth it.
On another note, correct me if I am wrong, but a Wal-Mart lot is public property which makes it even harder. If you want results, I think you would be better off going after the company who maintains and takes care of the light fixtures, or installs them, or whatever. I seriously doubt that Wal-Mart is that company. My point is this, why did that one fall when nothing else did. Sounds like something faulty with that one light.
Ok, well "technically" EVERYTHING is an "act - of - God" so legally there is no standing for ANY lawsuits, including medical malpratice!
Come on Cyclone, be real here. Wal-Mart does in fact own the property, parking lot and the lights!
And I completely agree with your line of thought on why only one light cover came down. If it was an act of God shouldn't they have all come down.
Legally, I don't have to go after who Wal-Mart hires to maintain the lights. That's not my concern. Wal-Mart can sue them if they see fit!
Fact is Wal-Mart owns the property that damaged my property, and I have all the supporting evidence to prove that.
As for my insurance, I had my ded. at $ 0 when in NH. When we moved here to KY Met said by law the lowest we could go was $ 500. At the same time our rates doubled! Maybe it has to do with the high number of uninsured drivers we have here along with the # of DUI's?!?!
Ok then, well I am not going to say anything else...
I'll wait to see what happens and when
Maybe you can re-approach Wal-Mart and ask them to only pay your deductible?
Yes officer... I am aware of how fast I was going!
Any more news??
well... anything new??
We haven't been assigned a new court date yet, but... We're in the process of petitioning the court to send it back to small claims since it meets all of the criteria. After talking to a lawyer he advised this route over all our other options. Basically, if it goes through civil district court and we hire a lawyer to represent us, we'd end up losing money! We could represent ourselves, but we've been told Wal-Mart would rather spend thousands on fancy lawyers to defeat us than pay our claim.
maybe you will be on judge judy or something and we all can laugh about it in the end!
Well, here's the end to this long story:
Walmart's legal team contacted us and settled out of court today. Part of our deal is not to reveal what they paid us. Needless to say we got our money!
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