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Like I needed another reason to avoid Wal-Mart

 
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Have you worn a seatbelt in a limo or bus?
Yes
7%
 7%  [ 1 ]
No
92%
 92%  [ 12 ]
Total Votes : 13

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chavez
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PostPosted: Sep 30, 2014 1:10 pm    Post subject: Like I needed another reason to avoid Wal-Mart Reply with quote

https://tv.yahoo.com/news/wal-mart-morgan-others-werent-wearing-seatbelts-204115100--finance.html

Quote:
Wal-Mart: Morgan wasn't wearing seatbelt in crash
Associated Press By DAVID PORTER
21 hours ago

Is Walmart shifting the blame on Tracy Morgan's lawsuit?

NEWARK, N.J. (AP) — Actor-comedian Tracy Morgan and other people in a limousine struck from behind by a Wal-Mart truck on a highway in June are at least partly to blame for their injuries because they weren't wearing seatbelts, the company said in a court filing Monday.

The filing was made in federal court in response to a lawsuit Morgan filed in July over the accident, which killed his friend James McNair, who was accompanying the former "Saturday Night Live" and "30 Rock" star back from a show in Delaware. Morgan spent several weeks in rehab with rib and leg injuries.

Wal-Mart Stores Inc., based in Bentonville, Arkansas, said in the filing that the passengers' injuries were caused "in whole or in part" by their "failure to properly wear an appropriate available seatbelt restraint device," which it said constitutes unreasonable conduct.

An attorney representing Morgan and the other plaintiffs called Wal-Mart's contentions "surprising and appalling."

"It's disingenuous," attorney Benedict Morelli said. "It's not what they said they were going to do initially, which was take full responsibility. I'm very upset, not for myself but for the families I represent."

View galleryFILE - In this April 9, 2014 file photo, actor Tracy …
FILE - In this April 9, 2014 file photo, actor Tracy Morgan attends the FX Networks Upfront premiere …
The lawsuit seeks a jury trial and punitive and compensatory damages. It says the retail giant should have known that its truck driver had been awake for more than 24 hours before the crash and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.

Wal-Mart spokeswoman Brooke Buchanan said in an email that the company "continues to stand willing to work with Mr. Morgan and the other plaintiffs to resolve this matter."

Passengers Ardley Fuqua and Jeffrey Millea and Millea's wife, Krista Millea, also are named as plaintiffs in the lawsuit. Krista Millea was not in the limousine when the crash occurred but is a plaintiff because she has a related loss-of-services lawsuit stemming from the crash.

Truck driver Kevin Roper, of Jonesboro, Georgia, pleaded not guilty to death by auto and assault by auto charges in state court. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.

A report by federal transportation safety investigators said Roper was driving 65 mph in the minute before he slammed into the limo van. The speed limit on that stretch of the New Jersey Turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Roper had been on the job about 13 1/2 hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.


Last edited by chavez on Sep 30, 2014 1:36 pm; edited 1 time in total
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PostPosted: Sep 30, 2014 1:14 pm    Post subject: Reply with quote

Heard this on the news this morning. Crazy!
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PostPosted: Sep 30, 2014 1:30 pm    Post subject: Reply with quote

"contributing factor"
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chavez
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PostPosted: Sep 30, 2014 1:35 pm    Post subject: Reply with quote

I'm going to add a poll to this. Does anyone or has anyone worn a seatbelt in a limo or bus?

I've never. Not once.

Now in a cab/sedan I have. But not a stretch or bus.

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PostPosted: Sep 30, 2014 1:48 pm    Post subject: Reply with quote

Nope
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ohsix
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PostPosted: Sep 30, 2014 2:20 pm    Post subject: Reply with quote

I don't think I've ever worn a seat belt in a limo or bus. I'm not sure I've ever worn one in a cab.

I can see how being restrained by a seatbelt in this situation could have prevented or lessened injuries. Maybe some of the attorneys can chime in, but most civil suits assign blame to the parties in percentages. Walmart's attorneys are doing what they can to lessen their amount of blame and the plaintiff's attorneys are doing what they can to enlarge the blame on Walmart.

If the Walmart truck driver was worth billions he would be the evil one this case. Since he's a poor truck driver, Walmart is the evil one.
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goofyboy
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PostPosted: Sep 30, 2014 2:30 pm    Post subject: Reply with quote

I wear one in a sedan for airport transfers. i have not in a limo or bus.
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chavez
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PostPosted: Sep 30, 2014 2:32 pm    Post subject: Reply with quote

I don't know every single detail of the case, but I recall something about the driver being over or right at his allotted hours, and that he was over the limit by 20mph in a construction zone. He also spent many hours driving the 700 miles to this job before he even got in the truck and went for another 13+ hours. Wal-Mart (and any trucking company that allowed him behind the wheel) I would think is heavily at fault for this.

Why trucking companies don't keep closer tabs on truck speed is beyond me. If for no other reason than to save $ on fuel. If Wal-Mart drivers strictly did the posted limits and no more I've got to imagine it would save an insane amount of $$$.

Anyhow, I wonder what the laws are regarding seatbelts and limos/buses in NJ. I know in CA the passengers in the back of a limo are not required to be buckled up.

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E.J.
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PostPosted: Sep 30, 2014 7:17 pm    Post subject: Reply with quote

Never in a bus, cab, limo....or in the backseat of any vehicle.
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PostPosted: Sep 30, 2014 7:53 pm    Post subject: Reply with quote

TL;DR, Safety was no joke at my previous company and I have ridden on a bus with a seat belt.

I worked in the field for the world's largest oilfield services (80,000 plus employees) corporation right out of college, and they had the strictest safety regulations of anyone in any industry I've ever seen, even though these days I work with flight test pilots in the aerospace industry.

Two weeks after hiring in every single field employee with the company had to go to a super intensive safety/defensive driving course. We were not allowed to drive to work until after that was completed, so they picked us up in a bus from the hotel every day. It was a requirement for everyone to always wear a seatbelt in any vehicle you're ever in. If for whatever reason they found out someone in a vehicle for business was ever not wearing a seatbelt, everyone in the vehicle would be fired on the spot (same thing if the driver was ever caught talking on the phone while driving, hands free was not allowed).

I worked offshore in the gulf of Mexico, so we had a driver service where we'd get picked up in Tahoes to go to the heliport so I didn't have to worry about journey management, but the people who worked on land had to call a centralized phone number in Colorado and let them know they were leaving. Every 100 miles they had to pull over get out, and call Journey Management to give them a status, if you missed your check ins and they can't reach you they would send another vehicle to go find you. (Field employees would average over 30,000 miles a year driving for the company, so this equals a lot of phone calls to JM). Also, no journey could occur at all after 11PM or before 5AM, so if you're not quite to your destination by 11PM, you needed to find a hotel.
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jgriffith
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PostPosted: Oct 01, 2014 2:24 am    Post subject: Reply with quote

Only an a-hole would defend themselves in a lawsuit! And to claim that wearing a seatbelt would have helped prevent some injuries! What could a little seatbelt do to help?!
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PostPosted: Oct 01, 2014 2:36 am    Post subject: Reply with quote

Do you think just because something is legal and the norm it is automatically safe and responsible?
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goofyboy
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PostPosted: Oct 01, 2014 3:09 am    Post subject: Reply with quote

I also read that Walmart does not own the trucking company. IF that is the case, Walmart should have just stated that they do not run the truck line and that the truck line is at fault and removed themselves from the situation.
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PostPosted: Oct 01, 2014 4:18 am    Post subject: Reply with quote

goofyboy wrote:
I also read that Walmart does not own the trucking company. IF that is the case, Walmart should have just stated that they do not run the truck line and that the truck line is at fault and removed themselves from the situation.

i'm no lawyer, but i did stay at a holiday inn last night...
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PostPosted: Oct 01, 2014 4:50 am    Post subject: Reply with quote

AND I watched Law and Order. Laughing
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PostPosted: Oct 01, 2014 5:26 am    Post subject: Reply with quote

senorbueno wrote:
TL;DR, Safety was no joke at my previous company and I have ridden on a bus with a seat belt.

I worked in the field for the world's largest oilfield services (80,000 plus employees) corporation right out of college, and they had the strictest safety regulations of anyone in any industry I've ever seen, even though these days I work with flight test pilots in the aerospace industry.

Two weeks after hiring in every single field employee with the company had to go to a super intensive safety/defensive driving course. We were not allowed to drive to work until after that was completed, so they picked us up in a bus from the hotel every day. It was a requirement for everyone to always wear a seatbelt in any vehicle you're ever in. If for whatever reason they found out someone in a vehicle for business was ever not wearing a seatbelt, everyone in the vehicle would be fired on the spot (same thing if the driver was ever caught talking on the phone while driving, hands free was not allowed).

I worked offshore in the gulf of Mexico, so we had a driver service where we'd get picked up in Tahoes to go to the heliport so I didn't have to worry about journey management, but the people who worked on land had to call a centralized phone number in Colorado and let them know they were leaving. Every 100 miles they had to pull over get out, and call Journey Management to give them a status, if you missed your check ins and they can't reach you they would send another vehicle to go find you. (Field employees would average over 30,000 miles a year driving for the company, so this equals a lot of phone calls to JM). Also, no journey could occur at all after 11PM or before 5AM, so if you're not quite to your destination by 11PM, you needed to find a hotel.


If you worked for Big Blue, they've gotten rid of that 11pm-5am rule. At least on the drilling side.
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chavez
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PostPosted: Oct 01, 2014 6:44 am    Post subject: Reply with quote

jgriffith wrote:
Only an a-hole would defend themselves in a lawsuit! And to claim that wearing a seatbelt would have helped prevent some injuries! What could a little seatbelt do to help?!

Obvious troll is obvious.


You have to recognize that this is horrendous PR for WalMart. If they cared about that at all, they would be working behind the scenes to close this matter as quietly and quickly as they can.

Realistically though, they probably don't give a crap and will drag it out.

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PostPosted: Oct 01, 2014 7:14 am    Post subject: Reply with quote

Isn't this how they have always handled lawsuits? I think they are doing ok...I'm shocked that people find it strange that a company would defend a lawsuit!
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PostPosted: Oct 01, 2014 7:53 am    Post subject: Reply with quote

chavez wrote:

You have to recognize that this is horrendous PR for WalMart.

really? REALLY? do you think their biggest demographic even watches the news or has any idea that a walmart truck was involved in the accident in the first place? of those who are aware that this is going on, do you think many are going to stop shopping walmart's everyday low prices because of it? hell no!

Quote:
If they cared about that at all, they would be working behind the scenes to close this matter as quietly and quickly as they can.

why would they care? it's not going to affect the bottom line a bit. for every yuppy like you who is outraged by this, there are 250 more blissfully ignorant shoppers at walmart right now buying the latest duck dynasty tshirt.
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PostPosted: Oct 01, 2014 8:34 am    Post subject: Reply with quote

chavez wrote:
Realistically though, they probably don't give a crap and will drag it out.


Blissfully ignorant is accurate as hell.



jgriffith, I wouldn't call it shock, it's just a facepalm moment from a company I suppose we should expect them from at this point.

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PostPosted: Oct 01, 2014 9:08 am    Post subject: Reply with quote

Maybe seat belts weren't available in his limo, I wonder if the limo company will get a percentage of the blame.
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PostPosted: Oct 01, 2014 10:15 am    Post subject: Reply with quote

ohsix wrote:

If you worked for Big Blue, they've gotten rid of that 11pm-5am rule. At least on the drilling side.

We still have it, but you just need manager approval to get around it. I had to get a signoff to head to the airport at 4:30 am last year.

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PostPosted: Oct 01, 2014 11:03 am    Post subject: Reply with quote

I'm rarely in the field anymore, but I liked that rule when it was put into place. I think it was 2009 or 2010. We were using blue for open hole logging and cement. If it looked like we would be ready to run logs at midnight, I would just call it in for 6am and they would have to show up before 11pm. If we weren't ready to log until 4am, no standby time was charged.
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PostPosted: Oct 01, 2014 10:45 pm    Post subject: Reply with quote

ohsix, yeah big blue, I worked as an MWD for a couple of years, decided to try something different and became a flight test engineer instead of trying to become a directional driller.
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PostPosted: Oct 02, 2014 7:31 am    Post subject: Reply with quote

Quote:
. Every 100 miles they had to pull over get out, and call Journey Management to give them a status, if you missed your check ins and they can't reach you they would send another vehicle to go find you. (Field employees would average over 30,000 miles a year driving for the company, so this equals a lot of phone calls to JM).


This is the kind of crap that gave us the colloquial phrase, "going postal". From postal workers going on mass shootings after years of being micromanaged.

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