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Winn Dixie-Orlando, FL Informative - A Shopping Cart Accident at Winn-Dixie

Review by money800067 on 2011-09-20
I had entered the Winn Dixie Store, and as I was standing facing the shopping carts trying to pull one lose that was stuck together. The next thing I knew, the employee had entered the door with a load of shopping carts..approx. 10-15, and rammed them into my back, as though he was trying to ram the shopping carts into the other ones. I started yelling STOP, and fell to the floor, my head and my backside hit the brick wall, injuring my neck, shoulders, spinal area, mid section of my back, and the lower part of my back down to my buttocks. As the employee continued pushing the shopping carts as I laid on the floor screaming in pain.

The employee walked over and looke down at me and said I am sorry and walked away.

A customer asked the employee as he boldly walked away, asked is that all he is going to say is I am sorry. Can't you at least help the lady up or check and see if she is OK.

The employee kept walking and said out loud, "I said I am sorry".

As I laid there for a few minutes, a couple of Winn Dixie employees finally came over and asked if I was OK, and ask if I can get up. I told them to wait a minute, that I was in severe pain.

Two female employees helped me get up, and a few minutes later, the store assistant manager by the name of Chris came over. He ask if I was OK, and I told him NO. He ask if I wanted him to call EMS. I told him to wait, please, it was embarrasssing enough that that horrific accident is now causing a scene. Several witness tried to explain to the manager what had happen, but Chris wasn't trying to hear them. He said OK, and sent them on their way. He did not write their names down or anything.

After a few minutes had gone by. Chris ask that he take me to the office. I tried to go, but felt faint, so he found a chair and I sat there until EMS arrived.

I ask Chris if he is going to do an incident report. He found a yellow writing pad, and wrote my name and cell phone number down. He did not write the incident as it occurred. I ask Chris to write the report so that I can get a copy of the report.

Chris told me that someone from Risk Management will contact me within 48 hrs.

The EMS arrived and I was taken to Dr. Phillips emergency room. Because, Winn Dixie was hesitant about taking care of the emergency room treatment. The staff in the emergency room treated me like crap. After the x-rays were taken. I was released...

I phoned Chris at Winn Dixie and ask if he would cover the cab far for me to get back to my vehicle. He told me that once he wrote the report, that it was out of his hands, and I had to wait for Risk Management to contact me. I then ask, if I can get my prescriptions filled at Winn Dixie, he told me that he could not authorize anything. I am beyond myself.

Today, I heard from Winn Dixie's claims department, and I was informed that Winn Dixie will not authorize any medical treatments.

And, I was told by one of the witness, that an employee in the deli was very upset because the accident in their store caused them from receiving the store's $3,500 bonus.

The employee was more concerned about their bonus than my accident in their store caused by "their" employee.
Comments:
Posted by GenuineNerd on 2011-09-20:
"Sorry" is not enough in this case. If the management at that Winn-Dixie store is unable to acknowledge that you were injured by a shopping cart wrangler's negligence, you should contact a lawyer. Saying "I'm sorry" and walking away is not the way for this to be handled-at least he could try to get some help for you at the very least.
Posted by bored_housewife54 on 2011-09-20:
I hope you have retained the services of a good compensation lawyer. If you have limited funds there's plenty of REPUTABLE firms that won't charge unless they win. You should also put a few small ads in local media publications for the witnesses to make themselves known to you.

It is possible that these ads alone may prompt WD to reconsider their stance in order to avoid what appears to be a pretty simple case of total negligence on their part!
Posted by trmn8r on 2011-09-20:
What was the finding of the hospital examination? That would be instrumental in pursuing legal action, I would imagine.
Posted by Skye on 2011-09-20:
What a terrible ordeal. I'm sorry this happened to you.

You need to contact a personal injury lawyer, and they all work on contingency. NO money up front. You need someone to fight for you, with getting medical bills paid, and this is something you should not have to do yourself.

Stop all contact with Winn Dixie, and call your local bar association to find a personal injury lawyer.

Good luck, because you deserve to have been treated with kindness and respect, and now they will ignore you, all together. But they cannot ignore your lawyer.
Posted by Venice09 on 2011-09-20:
That was horrendous treatment. Even if you have no permanent damage, the pain and suffering you already endured is enough to warrant a lawsuit if they are going to ignore you. A simple letter from an attorney is sometimes enough to light a fire under someone. Hopefully, that's all it will take in your case.
Posted by At Your Service on 2011-09-20:
trmn8r is spot on once again. What was the finding of the medical examination?
Posted by Alain on 2011-09-20:
In complete agreement with everyone above. (and below, as well)
Posted by Old Timer on 2011-09-20:
This is an ambulance chasing attorneys dream case. I hope the OP goes after Winn Dixie if for nothing else pain and suffering. Winn Dixie is trying their best to sweep this under the rug, don't let them. If you have a case, pursue it.
Posted by Skye on 2011-09-20:
I don't think the op is looking for a windfall, I don't get that impression. Whatever her medical issues are from this incident, it's their responsibility. She was an innocent victim, and pretending nothing happened to her is wrong.

What happened to her is bad enough, and it could happen to anyone of us, and it's wrong how as OT says, they are trying to sweep it under the rug.

She deserves to have her medical bills paid, because their employee hurt her, and this expense should not have to come out of her pocket.



I wish her the best, because it's just wrong how they've been treating her.

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