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PostPosted: Sun Jan 08, 2017 12:04 am 
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http://news.nationalpost.com/news/canad ... for-500000

A Walmart shopper in Ontario who tripped and fell while chasing after a shopping cart that rolled away from her in a parking garage is seeking half a million dollars in damages.

Sandra Cartini was returning to her car on Feb. 12, 2013, at the Square One Shopping Centre in Mississauga, after shopping at Walmart, according to court records. The parking garage consists of multiple “tiered slopes.”

Cartini had her young son hold on to the cart while she opened the trunk. Her son let go of the cart and it began to roll away. Cartini alleged that as she ran after the cart, she tripped on “uneven pavement” and fell, hitting her head on the cart, causing permanent and serious injuries.

Her statement of claim, which seeks $250,000 in general damages and $250,000 in special damages, lists Walmart Canada Corp., property manager OPGI Management GP Inc., and landlord Square One Property Corp., as defendants.

According to court records, Cartini’s original lawyer initially put forward an argument that the defendants were negligent in the design, construction and maintenance of the parking garage (the “unsafe parking lot theory”).

But engineers hired by the defence said the parking garage complied with industry standards and showed no signs of disrepair. The defendants filed a motion asking for summary judgment — a quick resolution that saves everyone from going to trial.

During a hearing on the motion, Cartini’s new lawyer put forward an alternate argument — the “unsafe shopping cart theory” — that contends Cartini would never have been hurt if the Walmart cart had stayed in place. Faranaz Siganporia argued that common sense dictates a shopping cart on any sloped surface poses an inherent risk and that it was foreseeable that a shopper could lose control of her cart.

On Dec. 29, Ontario Superior Court Judge David Corbett dismissed the claim on the basis of the “unsafe parking lot theory” but allowed Cartini the opportunity to amend her claim to argue the “unsafe shopping cart theory,” agreeing that shopping carts without brakes “are an obvious hazard to ‘get loose.’ ”

“On the face of it,” the judge said, “there is some argument for the plaintiff that there may be some liability” on the part of the defendants for her injuries.

“I will grant the plaintiff one more opportunity to present a case that there is a triable issue. This will require (the plaintiff) to bring Walmart into the fray, and to obtain expert evidence in respect to this theory.”

The plaintiff was given until the end of January to submit an amended claim.

“We’re not saying every Walmart should have shopping carts with a locking mechanism,” Siganporia said in an interview Thursday. “But obviously Walmarts located where carts can be taken on inclined surfaces, they definitely should have a locking mechanism.”

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PostPosted: Mon Jan 09, 2017 4:01 pm 
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Wow! If the cart is released by the user and it moves, it's the fault of the store and not the user? If I'll borrow a U-Haul truck, put it in neutral then it rolled, should I sue U-Haul or the town of Milton or the owner of the house that the truck rams? :roll:

One more thing, a cart that rolls by itself in a steep slope is considered "defective"? A cart that defies the law of gravity is defective.


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PostPosted: Mon Jan 09, 2017 5:36 pm 
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This case will be determined by a couple factors. One is whether or not the store has had a number of previous complaints and did nothing to improve or resolve the problem.

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PostPosted: Mon Jan 09, 2017 5:52 pm 
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Noone noticed her name is CARTini (I thought that was comedy gold)
And how she suffered "permanent and serious" injuries lol

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PostPosted: Mon Jan 09, 2017 6:17 pm 
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Mr.Peppermint wrote:
Noone noticed her name is CARTini (I thought that was comedy gold)
And how she suffered "permanent and serious" injuries lol

That is good lol.


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PostPosted: Mon Jan 09, 2017 6:19 pm 
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Burrcold wrote:
Mr.Peppermint wrote:
Noone noticed her name is CARTini (I thought that was comedy gold)
And how she suffered "permanent and serious" injuries lol

That is good lol.


Yeah but is it ironic?

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PostPosted: Mon Jan 09, 2017 6:55 pm 
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Hodor wrote:
Burrcold wrote:
Mr.Peppermint wrote:
Noone noticed her name is CARTini (I thought that was comedy gold)
And how she suffered "permanent and serious" injuries lol

That is good lol.


Yeah but is it ironic?

Nope just a coincidence :wink:


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PostPosted: Mon Jan 09, 2017 10:06 pm 
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Hodor wrote:

Yeah but is it ironic?


No, but this is.

http://www.dailyo.in/arts/george-michael-songs-death-last-christmas-pop-music-careless-whisper/story/1/14728.html

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PostPosted: Fri Jan 13, 2017 10:31 am 
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"new lawyer"

so why'd the old lawyer bail on her?


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PostPosted: Fri Jan 13, 2017 10:51 am 
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Milton Dutch Day wrote:
"new lawyer"

so why'd the old lawyer bail on her?


The lawyer bailed or got fired by Cartini. Either way, this case will not go far. I don't see her getting every penny she is asking for. Its up to the judge to decide at the end of the day. This lady is looking to squeeze whatever money she can from Walmart.

This is a common sense situation. She is not deserving of money because she failed to exercise common sense.


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PostPosted: Fri Jan 13, 2017 12:09 pm 
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The fact that she asked her son to hold it, means she understands. Telling a child to hold it was negligent.
Walmart is countersuing for their insurance deductible on the damage to the shopping cart. Frame off restoration. It will subsequently be sold at a loss to Milton Canadian Tire who's entire fleet of carts are mangled mess'.

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PostPosted: Fri Jan 13, 2017 2:56 pm 
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Remember when I made this piece of awesomeness? I do.

https://youtu.be/1g1hqxzs1UY

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PostPosted: Fri Jan 13, 2017 5:41 pm 
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martin prince wrote:
Remember when I made this piece of awesomeness? I do.

https://youtu.be/1g1hqxzs1UY


One of the internets finest. Not nearly as exciting as the driving to Walmart one though.

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PostPosted: Fri Jan 13, 2017 5:43 pm 
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Ms President wrote:
Milton Dutch Day wrote:
"new lawyer"

so why'd the old lawyer bail on her?


The lawyer bailed or got fired by Cartini. Either way, this case will not go far. I don't see her getting every penny she is asking for. Its up to the judge to decide at the end of the day. This lady is looking to squeeze whatever money she can from Walmart.

This is a common sense situation. She is not deserving of money because she failed to exercise common sense.


It's nice to have so many lawyers available for comment on this forum. And ones who know every intimate detail at that!

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PostPosted: Mon Jan 16, 2017 11:04 am 
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Hodor wrote:
Ms President wrote:
Milton Dutch Day wrote:
"new lawyer"

so why'd the old lawyer bail on her?


The lawyer bailed or got fired by Cartini. Either way, this case will not go far. I don't see her getting every penny she is asking for. Its up to the judge to decide at the end of the day. This lady is looking to squeeze whatever money she can from Walmart.

This is a common sense situation. She is not deserving of money because she failed to exercise common sense.


It's nice to have so many lawyers available for comment on this forum. And ones who know every intimate detail at that!


You don't need to pass the bar or be a scientist to exercise common sense. If something with wheels in this case a shopping cart with items inside of it (added weight) is situated towards a decline, there is a pretty good chance its going to roll. What intimate details are required? Please don't insult your own intelligence with your comment. :roll:


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