OK this world, let me rephrase that. This country has lost it's mind, I know that does not come as a surprise to some but many it sounds like a ludicris statement. But let me try and explain.
By: Dave Bohman
St. Petersburg, Florida - Lawyers representing a Bay area child are in a St. Petersburg courthouse…..taking on corporate giant Wal-Mart, and a product supplier seeking millions in damages.
The case centers around swimming pool toys known as dive sticks, supplied to Wal-Mart in the 1990's by a Clearwater based Florida Pool.
When Marcus Zunner was just three, he was hospitalized with a severe accident from a divestick.
Kimberly Zunner, Marcus' Mother: “He slid into the pool on the slide and he landed on it and it went into his rectum.”
Justin Johnson, Marcus' Attorney: “He suffered a rectal impalement of about an inch and a half. And he had open abdominal surgery, with a cholostomy.”
WalMart and Florida Pool, are expected to argue the dive sticks were safe, but that the family misused them, by allowing the child to jump on the sticks in a shallow, inflatable kiddie pool.
The stick's are weighted to stand perpendicular to the bottom of the pool, and when they are three to seven feet underwater, kids often dive after them in order. But in shallow water, they may stand just inches below the surface which was apparently what happened when Marcus jumped in.
In 1999, the Consumer Product Safety Commission ordered Florida Pool to recall 9,000,000 dive sticks.
The company responded in a news release.
Florida Pool, 1999 news release: "Dive sticks are fun and enjoyable when used properly but are not to be used in shallow water."
I agree when used PROPERLY they can be fun.
That recall came after six known injuries were reported to the CPSC, and one year before Marcus' Zunner was hurt landing on a dive stick.
Justin Johnson, Marcus Zummer's Attorney: “It subsequently was banned as a hazardous product.”
The hazardous thing are stupid people not the products. If the parent never bought them (their own decision), never put them in a KIDDIE POOL (can I remind you) and allowed their kid in and around the KIDDIE POOL would it have happened? NO!! Or did Wal-mart and the manufacturer stop by one day and leave a few DIVE sticks in the kiddie pool for the kiddo while making the kid slide down and into his rectum? OUCH!!
Those close to Marcus worry he will need a lifetime of medical care and multiple
surgeries as a result of the dive stick accident at a young age.Key word, ACCIDENT! I do feel for the kid but what part of the settlement will he get?
Marcus Zunner is now nine, and according to his lawyer, is doing as well as can be expected.
His lawyer says Marcus will be here at points during the trial, but is not expected to testify.
5 comments:
I'm linking to this in my blog. Too funny.
Something to keep in mind is that the case is NOT about the child getting hurt, but that Wal*Mart was selling a recalled toy. As far as the mother buying the toy, recalls are NOT public knowledge, today they are more publisized with the availability of informative websites, but unfortunately the information was harder to obtain five years ago. This is not the first time Wal*Mart has put recalled toys on it's shelf, and that is what the case is about.
My ultimate point is that it should have never been recalled. People are stupid and use products the wrong way, why should we all be punished for stupid people.
The adults actions resulted in an innocent child being injured which is a terrible thing. Why can we not keep the parents responsible for their stupidity of buying a product only to use them wrong. The product name pretty much explained what the product was used for.
The dive sticks were recalled and a remedy was put on the divesticks i.e. retrofitted caps so that the divesticks would not cause impalement but still work. It's NOT about Walmart selling recalled divesticks. It's about a greedy, slimy ass Plaintiff's attorney wanting millions off the stupidity of his client.
Agreed
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