April 2007 just a couple of minutes after I walked into the garden center of the Huntsville,Tx Walmart supercenter, a store employee moving stock with a fork lift, lost control of a pallet load of chairs. This pack of chairs were probably at least 6-8' tall and 4-5' wide and about the same in depth and judging by the amount of force they hit me with I would guess the load was in the hundred of pounds.
the chairs were being transported in an upright position and fell hitting me in the back and left arm I was pinned between the huge garden center shelving units [the type they stack BBQ pits on] my shopping cart and the shrink wrapped load. the employee that dropped this on me got it off of me.
It took quiet a while for a manager to show up and he came with a piece of paper that he said was for an accident report, he said the store was at fault, he had watched the video before coming to me. I discovered later that the paper was simply for my "statement". I went to the hospital and to my Dr. and it took weeks to get back to O.K., my arm, neck, and shoulder were bruised and scraped and pulled rather badly. the claims manager called me and wanted to make an offer to settle just a few weeks after the incident, I answered that I needed a couple of months to make sure the injurys were indeed gone and she said she would contact me in 2 months. she did and offered me $1000. I said no, she asked me to think it over and contact her again when I had decided the amount I would settle for, a little time passed and I tried to call …repeatedly and my call was not returned, for several months, I called and left mesages 4-5 times a week asking that she call me back. Last week I asked for her superior when I again was not answered, the superior uinformed me that the case was closed when I did not agree to the $1000. settlement offer back in June and that there was nothing that she would do . I asked for negotiation she said no. I asked for arbitration she said no, the case was closed I asked for that in writing she said of course…..her letter is as follows "per our telephone conversation, we have agreed to resolve this matter in the amount of $1300. enclosed you will find a release form for your signature". what should I do and who opened the closed case ?
Consult a lawyer. Don't go for no win no fee as they will steal anything you win.
