Wal-Mart continues to fight the $7,000 OSHA fine in worker's trampling death

NATIONAL - According to Newsday (7/8, Chang) reports, "A crowd management expert testified Thursday that the Valley Stream Walmart lacked adequate crowd control and safety measures in the 2008 Black Friday trampling death of a temporary worker." Wal-Mart "is fighting a $7,000 fine from the federal Occupational Safety and Health Administration (OSHA) after the death of a greeter who died after being trampled by crowds surging into the store for Black Friday sales.

Wal-Mart contends the fine is based on 'a standard that was neither posted nor proposed at the time.'"

The Wall Street Journal (7/9, Zimmerman) reports that the Retail Industry Leaders Association supports Wal-Mart's position. RILA spokesman Brian Dodge said, "The precedent set by this OSHA citation would be far reaching and dangerous to the entire retail industry."

Wal-Mart spent over 1 MILLION in defense costs to vigorously fight a small $7,000 OSHA FINE in 2008 trampling death at one of its retail stores

NATIONAL - On the front page of its Business Day section, the New York Times (7/7, B1, Greenhouse) reports, "Wal-Mart Stores has spent a year and more than a million dollars in legal fees battling a $7,000 fine that federal safety officials assessed after shoppers trampled a Wal-Mart employee to death at a store on Long Island on the day after Thanksgiving in 2008."

The company's "all-out battle against the relatively minor penalty has mystified and even angered some federal officials," but Wal-Mart "says that regulators are trying to enforce a vague standard of protection when there was no previous OSHA or retail industry guidance on how to prevent what it views as an 'unforeseeable incident.'"

Wal-Mart spokesman David Tovar said, "The citation has far-reaching implications for the retail industry that could subject retailers to unfairly harsh penalties and restrictions on future sales promotions."

SUN CITY GOLF CART CROSSING - U.S. 301 now open - Accident waiting to happen

SUN CITY – The new golf cart crossing to Wal-Mart has opened. The crossing allows residents driving golf carts to cross U.S. Highway 301 to shop at the Super Wal-Mart in Wimauma. The speed limit on 301 has been lowered to 45 in the area of the new crossing. The crossing is equipped with lights and warning signs.

Once across the dangerous U.S. Highway 301, the golf carts will be mixing with cars, trucks, and pedestrians in the Wal-Mart parking lot. This mix is a recipe for disaster and an accident waiting to happen.

NEWS RELEASE - http://www.hillsboroughcounty.org/communications/news/releaseoutput.cfm?r_id=8919

If you or loved one has been injured in a golf cart accident, call the TRIPP LAW FIRM – Personal Injury Law at (888) 392-LAWS (5297) 24 hours a day.

http://www.trippfirm.com/

GOLF CARTS 2 WALMART - GC2W – Sun City Center – Hillsborough County

TAMPA - In the neighborhood of Sun City Center, the golf cart is king. Every day hundreds of residents use golf carts on the streets in this south Hillsborough County community. Hillsborough County commissioners are considering building a cart path across a field from East Del Webb Boulevard to a signalized crossing at U.S. 301 and Cape Stone Avenue. The path will cost about a quarter of a million dollars according to Public Works Director Bob Gordon.

Recently, a group calling itself GolfCarts2Walmart, or GC2W, launched a petition drive that garnered 4,400 signatures. A resident has met with state Department of Transportation officials to make sure they had no objections to golf carts crossing at Cape Stone Avenue. DOT is supportive of the crossing. Gordon said if the commission approves the project the developers will probably convey an easement and the project should be completed by late January or early February 2010.

Golf carts and cars and trucks on the same roads have the potential for serious injuries. If you have been injured in a golf cart accident, call the TRIPP LAW FIRM – Personal Injury Law for an immediate case evaluation. We are available 24 hours a day.

Call us NOW at 888-392-LAWS (5297)

www.trippfirm.com – Prompt and Aggressive Representation.

NO FEES or NO COSTS if NO RECOVERY.

Wal-Mart Stores Recalls DVD Players for Fire Hazard

NATIONWIDE - Wal-Mart Stores Inc. of Bentonville, Arkansas, just recalled about 1.5 million Durabrand DVD Players, the U.S. Consumer Product Safety Commission (CPSC) just announced.
The DVD players can overheat, posing a fire and burn hazard to consumers. To date, Wal-Mart has received 12 reports of DVD players overheating, five of which have resulted in fires that caused property damage. No injuries have yet been reported.

This Durabrand DVD recall involves a single DVD player with a remote control. The device is silver-colored and has a U-shaped opening at the top to insert the DVD. The DVD’s sold for about $29 exclusively at Wal-Mart stores nationwide from January 2006 through July 2009.

The recalled Durabrand DVD Players were manufactured in China.

www.trippfirm.com

FOR MORE INFORMATION CLICK ON THE LINK - www.cpsc.gov/cpscpub/prerel/prhtml09/09316.html

WalMart Parking Lot Accident ♦ One person with serious injuries ♦ Florida Highway Patrol investigated

LEE COUNTY – Last month a two vehicle accident in the Wal-Mart parking lot left one person with life threatening injuries. According to the witness, a man ran a stop sign striking another car with four local high school students. After the impact he lost control of his vehicle going through a ditch and then striking a semi-truck parked at the Wal-Mart loading dock.

The man who ran the stop sign was taken to the local hospital for treatment of his accident-related injuries. Florida Highway Patrol (FHP) investigated the accident. The condition of the four teenagers in the other vehicle is uncertain. All vehicles sustained moderate damage.

www.trippfirm.com

OSHA fines Wal-Mart over trampling death of employee Ι Wal-Mart failed to train employees and implement effective crowd management control.

According to the Associated Press, "The death of a temporary employee who was crushed in a stampede of post-Thanksgiving shoppers at a Wal-Mart store could have been prevented, federal officials said Tuesday as they proposed fining the world's largest retailer $7,000 - as much money as it makes in about 18 seconds."

The agency cited Wal-Mart "for inadequate crowd management following the Nov. 28, 2008, death of Jdimytai Damour at a Long Island store." A spokesperson for Wal-Mart said, "Wal-Mart has 'never had a tragedy like this occur in our stores and we never want it to happen again.'"

The Dow Jones reports, "OSHA's inspection found the store's failure to implement reasonable and effective crowd management meant employees could be crushed by the crowd. The failure included not providing employees with training and tools to safely manage the large crowd of shoppers."

www.trippfirm.com

Wal-Mart To Pay nearly TWO MILLION DOLLARS to Avoid Charges In Trampling

According to a recent story aired on National Public Radio (NPR), Wal-Mart recently agreed to pay nearly $2 million and improve safety at its 92 New York stores as part of a deal with prosecutors that avoid criminal charges in the trampling death of a temporary worker.

The agreement included no admission of guilt by Wal-Mart. Any victims who accept payment from the Wal-Mart compensation fund will be required to waive their right to a separate civil suit against Wal-Mart.

Wal-Mart Vice President Hank Mullany said, "The crowd management plan we are announcing today was developed by a team of experts whose experience includes NFL Super Bowls, Olympic games, concerts and national political conventions."

Nassau County District Attorney Kathleen Rice said, "We are hoping that this safety plan becomes the nationally recognized model for crowd management among all retailers and becomes an industry-wide best practice."