Posted by Linda Juenger on 6/20/12 3:06pm
Msg #424130

Man sues Wells Fargo over car accident

Hubby brought this suit to my attention to show me how "anyone" can sue us or the companies that hired us to travel to and from our signings. Even though we are "independent" contractors and not employees, that doesn't stop anyone for going for deeper pockets.


http://www.madisonrecord.com/news/244394-trial-and-hearing-dates-set-in-mans-suit-against-wells-fargo

Reply by MW/VA on 6/20/12 3:49pm
Msg #424135

Ridiculous, but it's the attorneys who take these cases that

make them possible. It must be that the vehicle was insured by WF, otherwise I can't see how they could go after his employer. The world is getting stranger every day though........

Reply by Linda Juenger on 6/20/12 3:57pm
Msg #424137

Re: Ridiculous, but it's the attorneys who take these cases that

St. Clair County and Madison County in IL have been known for judicial hell holes, right along with Cook County. The article below it was a lady sued Walgreens for a box of jello fell off the shelf and hit her in the face. She's seeking $50,000. A BOX of JELLO. What??? That should never be allowed and I agree, its the attorney's that take these and make the most of anyone. Its shameful.

Reply by HisHughness on 6/20/12 5:13pm
Msg #424146

This from a lawyer

1. When someone goes to a lawyer with a tort issue, including the original poster and anybody else who posts in this thread, they expect the attorney to seek recompense against anyone who might reasonably be held liable.

2. If the attorney does not, and it later appears the client could have gotten a recovery from that party, the attorney can be liable.

3. Of all the tort cases I have ever handled, I never had a client tell me not to sue a particular party unless it was a relative, close friend or neighbor. Otherwise, the client wants you to throw the widest net possible.

4. It is not the attorney who determines the liability of a person in tort actions. It is a jury or, sometimes, a judge. Many of the claims such as this that are ridiculed in the press subsequently draw awards from juries which are -- hold on to your hats now -- composed of people just like us who heard ALL the facts.

5. We would all be well advised to take to heart the McDonald's-coffee-in-the-lap case, which was so roundly lampooned in the press and by the public. Evidence presented at trial established that:

The plaintiff suffered third degree burns over 6 percent of her body and lesser burns over 16 percent; spent 8 days in the hospital and required skin grafts; McDonald's refused to settle for more than $800; franchises were required to serve coffee at 180-190 degrees, which will cause third degree burns in two seconds; and <McDonald's had had more than 700 complaints about the temperature of its coffee> and paid out more than $500,000 in settlements.

I am reminded of the lawyer who was being harassed by a doctor at a social function. Finally, the lawyer had had enough. "Doctor," he said, "I think you should keep in mind that when your professional forebears were putting leeches on George Washington's butt, MY professional forebears were writing the Constitution of the United States."

Semper Ambulance Chasers

Reply by ikando on 6/20/12 6:57pm
Msg #424155

Re: This from a lawyer

Having worked for personal injury plaintiff attorneys, I know Hugh is right. And often the plaintiff (complaining) party's attorney makes no money because the case was taken on contingency...to be paid after award is made. And oftentimes that can be as long as several years after filing.

But who people should be upset with are the insurance and worker's comp Defense attorneys. They get paid by the hour, so they have nothing to lose if the case drags on. The only one who is really harmed is the person who was injured and can't get a fair judgment. And my state keeps passing "tort reform" bills that limit the awards to the injured.

Now that's not to say that there aren't frivolous lawsuits and people who milk the system. I've seen plenty of that, too. But it's a fact that anyone can sue anybody over anything in these United States.

Reply by MW/VA on 6/20/12 8:54pm
Msg #424163

I see your point, Hugh, & understand that the courts

are involved in many "liability" issues. IMO we have completely done away with the concept of personal responsibility for one's actions. I can tell you that it is the attorneys who do the advertising I see on TV for personal injury issues, claiming big settlement amts. I'm also aware that I end up paying way too much for auto insurance as a result.

Reply by HisHughness on 6/20/12 9:43pm
Msg #424167

Re: I see your point, Hugh, & understand that the courts

***I'm also aware that I end up paying way too much for auto insurance as a result.***

Get back to me on that after your daughter is brain-injured by a negligent driver and will require life-long custodial medical care, and your award is <not> one of those "big" settlements. This is just a guess, but I'm thinking your attitude will change.

Reply by BrendaTx on 6/21/12 6:47am
Msg #424193

*Armistead was a Wells Fargo employee and was in the scope of his employment, when he asked Strasen to substitute for him as driver of his car on the remainder of his work-related trip, the lawsuit stated.*

It was work related. I guess I don't see the problem.

Companies must take fierce responsibility against being liable in situations that cause harm to others.

When I worked for Large Chemical Company 30 years ago, they required seat belts before they were required and annual defensive driving courses. They had policies on who could and could not drive vehicles in work-related missions. If memory does not fail me, they also provided their mandatory drug and alcohol counseling services for those who got DWI and DUI citations outside of work.

One of the biggest employers in the world has a policy that requires employees to keep drug testing kits in their cars for immediate use when they are involved in any type of a vehicle accident, on or off the job. If the person is high and behind the wheel of a vehicle, he/she is severed from the company no matter what.

Buy a $1 million personal liability policy. A few hundred dollars a year is cheap for the vast protection you receive. You will have deep pockets, but the day that your policy pays for someone to have significant lifelong medical treatment because of an unavoidable accident will make it all worthwhile. It will also be nice when you don't lose your home and life savings as a result.

Reply by BrendaTx on 6/21/12 6:51am
Msg #424194

ps - I know one of the biggest PI attorneys in

Houston. When my grandmother had something happen to her in a hospital he reviewed the case at significant costs to his firm. He decided that there was not a suit. We did not pay back to him the $3500 in discovery.

You will love a lawyer if you ever need one...especially those hired by your personal liability policy provider during a crisis.