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Wal-Mart Sues Brain-Damaged Employee [VIDEO]

Posted by Adam Howard, AlterNet at 7:05 AM on March 26, 2008.


The story of the Shank family is heartbreaking in the sense that it could happen to anyone.
Wal Mart Sues Disabled Woman

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Debbie Shank used to stock shelves at night for Wal-Mart so she could spend time in the afternoons with her three sons. Now she lives in a nursing home, requires around-the-clock medical care and owes Wal-Mart almost $500,000.

The story of the Shank family is heartbreaking in the sense that it could happen to anyone. Driving home one night, Debbie's car was hit by a tractor-trailier, leaving her brain-damaged and paralyzed. After collecting health insurance money for hospital bills (Debbie's policy with Wal-Mart paid for over $400,000 worth of emergency care), the Shanks sued the trucking company responsible for the accident, hoping to provide for Debbie's long term needs.

Now Wal-Mart has sued the Shanks, citing a line of fine print in Debbie's insurance policy that entitles the company to any lawsuit settlement. Wal-Mart intends to collect $470,000 from the Shanks, despite the fact that this will undoubtedly bankrupt Debbie's family.

A CNN interview with Jim Shank, Debbie's husband, gives some insight into how difficult the legal proceedings have been. Wal-Mart earned $100 billion in the final fiscal quarter end of 2007, meaning the company earned the disputed $470,000 in just 38 seconds. When confronted with a lifetime of medical bills and longterm care, Jim Shank was understandably disspirited.

"They are quite within their rights. But I just wonder if they need it that bad," he said.

Wal-Mart already has a reputation for treating its employees poorly, but for Wal-Mart to take Debbie Shank’s money shows that Wal-Mart and the Walton family are truly heartless.

Wal-Mart could take its legal victory and simply do the right thing and leave the Shank family and their money alone. Surely, even CEO Lee Scott himself would agree that the Shank family has suffered enough.

 

Digg!

Tagged as: walmart, health care, health, shank

Adam Howard is the editor of PEEK.


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An update
Posted by: DrTony on Mar 26, 2008 7:59 AM   
Current rating: 3    [1 = poor; 5 = excellent]
Not only did Wal-Mart sue the Shank family, they won the case. The verdict was upheld in the Circuit Court of Appeals and the Supreme Court refused to hear the appeal, thus insuring the verdict in favor of Wal-Mart.

See my comments at "Do No Harm"

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tcat
Posted by: tipcat on Mar 26, 2008 8:07 AM   
Current rating: 5    [1 = poor; 5 = excellent]
This is one the most lowest action I heard of by Wal-Mart in some time. Thia is the type of greed that is destroying this country, the world and people.It's hard to find a number to call them, but I did find one that gets you to a real person. Please call Wal-Mart customer line at 1-800-925-6278 ext211 to register your digust with this type of treatment.If enough call maybe thay will do the right thing for this family. If not, do not shop at Wal-Mart, return everthing you can.

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Why?
Posted by: JoshuaLudd on Mar 26, 2008 8:22 AM   
Current rating: 4    [1 = poor; 5 = excellent]
Why did they do it? Well, they recouped their losses on providing her with insurance, of course. Funny how the two sums are so similar.

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» RE: Why? Posted by: EncinoM
» RE: WHY NOT? Posted by: fearn
» RE: WHY NOT? Posted by: EncinoM
The Shank story......
Posted by: reval on Mar 26, 2008 8:50 AM   
Current rating: 4    [1 = poor; 5 = excellent]
..... is the story of a country that is capable of electing someone like Bush and Cheney and Santorum and Brownback and Enhofe, et. al to public office and who in turn assure that the Supreme Court is packed with greedy, coprate-loving scum like Alito, Roberts, Thomas and Scalia - all self-admitted,god-fearing christians. It's what happens to a people who are more concerned about their American Idol vote that their President. It's what happens when a people are more inclined to gleefully throw their money at religious charlatans - of all popular delusions - than their local board of education.

Get used to it my fellow Americans; much more of this shit is in store for all of us in this once great country. Nothing - and I mean absolutely nothing - will change until the occupants of this country awaken from their stupidity coma, get off their freakin' knees and behave like rational human beings. Quite frankly, I don't see this happening any time soon.
~Rev. El
Pastor, WVCSR

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» RE: The Shank story...... Posted by: Kitty Lady Oregon
» RE: The Shank story...... Posted by: parviz45
» pfft! i gave you a 1 Posted by: KaptainSpiffy
» RE: The Shank story...... Posted by: JSquercia
» RE: The Shank story...... Posted by: reval
» RE: The Shank story...... Posted by: JSquercia
Mme Guillotine
Posted by: DaBear on Mar 26, 2008 8:51 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Look. Rich people are always heartless. Money has a funny way of doing that to even the most egalitarian, altruistic types. The Walnuts are hardly either of the foregoing. They are ferocious ruthless and callous wastes of skin.

But until 'Merkaans can get over their revulsion to holding their "betters" accountable, this shit will continue. You can't "treat" people like the walnuts, you have to take 'em out to pasture and shoot 'em, make glue out of 'em or some shit.

Every time a worker gives a wealthier person a pass, he guarantees his own abuse in the future. The time for giving rich people a pass, the time for compassion and mercy towards them is over. They surely have no mercy for us. Turn the other cheek and kick a rich person's ass. Give them abuse right back. If they take your medical funds, start burning down their god damned assets. Eye for an eye and no more mercy for rich people. Every time you show them mercy, you guarantee they will be right there to shove something new up your ass against your will. Rich people are like that.

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ethical1
Posted by: Ethical1 on Mar 26, 2008 9:07 AM   
Current rating: 5    [1 = poor; 5 = excellent]
I'm so proud of myself - I am Wal-Mart free for 7 weeks now and counting! I decided to take my purchasing power back to my neighborhood store owners after some trepidation about what it would mean to my budget. I was regularly spending $300 or more per week at Wal-Mart for my weekly grocery and household needs.

Surprisingly, I have discovered that I am now saving about $100 a week with my change in shopping habits as my family is no longer falling under the Wal-Mart hypnosis that led us to buy things we really didn't need!

If anyone has the time (I sure don't as a new business owner), throw up a freebie website for a WA (Wal-Mart Anonymous) group so we can share our freedom stories. This will encourage others to join in the fight to stave off this slave-driven profiteer. If anything of this nature already exists - please enlighten me at writer0042@yahoo.com.

Let the freedom force be with you!

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» 2 years Posted by: bookie
» RE: ethical1 Posted by: aonghus36
» RE: ethical1 Posted by: rafey
» i went to WalMart once Posted by: abbadon2007
Could we boycott to try to reverse this moral wrong?
Posted by: Christie on Mar 26, 2008 9:09 AM   
Current rating: 5    [1 = poor; 5 = excellent]
I wonder what we would have to do to set up an effective boycott of Walmart until they do what is morally right by the Shank family. i googled “How many people shop at Walmart?” and got this answer: "Over 138 million Americans shop at Walmart each week.” I could not find a figure for how many of those people shop there each week or each month.

However if just over 5% boycotted, that would be 7 million. If each of these 7 million Americans who agreed to boycott Walmart usually spend at least $25 a week or $100 a month, that would be 700 million dollars in lost sales for Walmart each month. Each person would have to agree to buy the items elsewhere or do without, not just “save up” to buy there later. For example, we would be sure to buy our cat’s food and litter at the market, maybe hygiene items at the pharmacy. I would buy clothing items at JC Penny or L.L.Bean if I really need it or do without. Impulse items would be eliminated if I were not in the store and so I probably wouldn’t buy them elsewhere -- a cat toy or flowers, for example and some clothing items. The money saved could be used to pay slightly higher prices elsewhere for needed items.

Instead of picketing the stores physically, we might organize by email and print out a form to hand in at the courtesy counter stating our participation in the boycott. We would promise to return when they reversed their decision but would state that we would not then buy items at Walmart that we had foregone during the boycott.

Could we do it? Just about 5% of us?! I think that would be high enough to hurt their profit but not high enough to cause them to lay off employees.

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Approximately 20 years ago there was a
Posted by: AMERICAN VETERAN on Mar 26, 2008 9:31 AM   
Current rating: 5    [1 = poor; 5 = excellent]
sugar boycott by American women.
IT WORKED!!

Every time I see crap like this, I think of that.
I'm going to look it up & see how it went.

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How can
Posted by: saltoafronteira on Mar 26, 2008 9:34 AM   
Current rating: 5    [1 = poor; 5 = excellent]
A "civilized" country allow such a clause?
Contract freedom must have its limits.
You americans have destroyed 2000 years of law doctrin.
All wall-mart locations should be burned to the ground, just like the corrupt judiciary sistem that allowed such a crime.
Dont you have 1,5 million in prison. You can well accomodate one million more corrupts there.

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» RE: How can Posted by: EncinoM
» RE: How can Posted by: saltoafronteira
» RE: How can Posted by: EncinoM
Pay 15 cents more for something you don't need elsewhere
Posted by: DeaconJ on Mar 26, 2008 10:32 AM   
Current rating: 5    [1 = poor; 5 = excellent]
While there are still other choices support other
competitors. The $3 toaster may be a fire hazard and
the flip flops are not worth the second degree chemical
burns they incur.

You all know this though so why are you still shopping
there? Does this expose surprise you? We're you all
okay with Wal-Depot-Mart up until this..

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This should surprise noone.
Posted by: Farragher on Mar 26, 2008 10:55 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Clearly Walmart has been screwing people for their entire corporate life time. Think of the number of Mom and Pop shops they've put out of business. There is a very simple solution to this, STOP BUYING FROM THEM!

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This is SOP of the Transnational Corporations
Posted by: ronheri on Mar 26, 2008 11:05 AM   
Current rating: 5    [1 = poor; 5 = excellent]
The evil, greed displayed on a daily basis across corporate America is nothing new. See Enron, Wall street, the insurance industries. It is everywhere. They have no ethics, no morals, no soul. They care nothing about ruining peoples lives or even taking life (Blackwater etc). A medical courier company I once worked for, was bought up by a huge "nonprofit" hospital corporation. The CEo just retired at a salary of 2 million a year. The first things they did after the purchase was cut wages of workers making about 9.00 an hour, then benefits, and made tougher work rules. I refused to keep working there. America will soon become a third world country of just 2 classes of people; a tiny majority of super-rich and the rest of us. I sense this is all by design by our corporate owned government. It may well take a revolution to bring our middle class and Constitution back. Hold hands America, and fight this evil. We far outnumber them and deserve to be treated as human beings...NOT SLAVES!

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Not the whole story
Posted by: TKirwin on Mar 26, 2008 12:17 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
This merits further digging. Are we to believe that the attorney(s) representing the Shanks settled the case for only the equivelent of their immediate medical costs? Sounds like either Wal Mart should sue the trucking company directly for the expenses they are out or the Shanks should sue their lawyers for malpractice. In either case, we are not getting the whole story.

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» RE: Not the whole story Posted by: rafey
» RE: Not the whole story Posted by: rafey
» RE: Not the whole story Posted by: donl51
» RE: Not the whole story Posted by: NthnBrazil
» RE: Not the whole story Posted by: 2dogarage
» RE: Not the whole story Posted by: donl51
» RE: Not the whole story Posted by: EncinoM
Just one more very good reason
Posted by: Quannah on Mar 26, 2008 1:47 PM   
Current rating: 5    [1 = poor; 5 = excellent]
why I would never step foot in a Walmart if it were the only store in town.

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This is just a part of the problem
Posted by: Benson986 on Mar 26, 2008 1:51 PM   
Current rating: 5    [1 = poor; 5 = excellent]
I'm surprised not one has brought up the issue of healthcare in America yet. If every American had decent coverage situations like this one could well be avoided. But in the meanwhile, boycotting Walmart is a good idea.

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Wow more shame for wallmart another grrrrrrrreat american
Posted by: The Big Raven on Mar 26, 2008 1:57 PM   
Current rating: 5    [1 = poor; 5 = excellent]
store. And as far as some of you thinking that this country is going to hell in a hand basket (just like the ones by the door at any store)and the way america has declined morally in the last few years is really nothing new.
You can not build anything on shitty foundations and the way this coutry came about is and was based on more lies like that manifested destiny bullshit "god gave the homeless white people north america" and then you wonder why your country supports israel so blindly .
You just can not take peoples lands and pretend that "god" is in co-hoots with you....look at the fine mess in the middle east! so be carefull americans your slip is showing (you slut)
PEACE

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Putting People Last & Corporate Interests First
Posted by: NoPCZone on Mar 26, 2008 2:36 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Wal-Mart is the poster child for much of what is wrong with America.
There really is nothing more to say.

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Actually
Posted by: DrTony on Mar 26, 2008 3:48 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
. . . there is more to the story.

I am not sure what was stated in the video report but the St. Louis Post-Dispatch story indicated that the money that was awarded to the family was put into a trust for Debbie Skank's care.

I would think that 1/2 or so of the settlement was given to the lawyers is normal split (though I have always been under the impression that victims in cases like this usually on get about 1/3 or so).

The link to the Post-Dispatch story is in my post "Do No Harm"

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Shopping at your local store....
Posted by: eosrk on Mar 26, 2008 5:07 PM   
Current rating: 5    [1 = poor; 5 = excellent]
will do good to your wallet since you're not wasting good gas goint to Wal-mart....in which your helping out the envioment

As for what what happened to the Shank Family....Goddamn Wal-mart....litterely

Costco should employ an stragedy to take from wal-mart of what made it great---its employees and pay them better,thus driving them into the drink....and have the same kind of savings in their stores, too.....wait.....Costco already does that!

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Never Again!
Posted by: Abe on Mar 27, 2008 6:36 AM   
Current rating: 4    [1 = poor; 5 = excellent]
I purchased tires from this greedy Chinese front 3 years ago. That was the last time and will be the last time I ever enter one of their junk shops.

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THE BIG PICTURE
Posted by: donl51 on Mar 27, 2008 7:16 AM   
Current rating: 1    [1 = poor; 5 = excellent]
is being missed here,all of you have great big hearts but only a few are really thinking,there seems to be a lack of the full story!! One commenter seemed to know that the suet was for one million bucks and after all said and done left the victim w/450+/-thousand and Wallmarts ins. footed the bill for damages, I'd have to say that # 1 her lawyers are theives and suck as lawyers,!! w/ her damages long time care is nec. millions are more like it! in general insurance companies and lawyers belong at the bottom of the sea!...your health and well being is in their hands a very scary thought, however that's our only choice here! what Wallmart is asking is right[if not unpopular],but right nonetheless!blame the lawyers [ hers] for not thinking of her needs , of making more than her award, but most of all the writer of this article should have written the entire story!

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» RE: THE BIG PICTURE-adendum Posted by: donl51
» RE: THE BIG PICTURE-adendum Posted by: aonghus36
» RE: THE BIG PICTURE-adendum Posted by: donl51
» RE: THE BIG PICTURE-adendum Posted by: EncinoM
» RE: THE BIG PICTURE-adendum Posted by: donl51
Let's NOT FORGET
Posted by: JSquercia on Mar 27, 2008 7:25 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Let's NOT FORGET these are the very SAME Walton's who are among the ten Wealthiest families in America and who have spent some their Inheritance fighting against the so called DEATH Tax .
When is enough wealth enough apparently in the case of the Walton's NEVER . Apparently this will once again force the taxpayers through Medicaid to pick up the Bill for the Walton's

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» RE: Let's NOT FORGET Posted by: donl51
Steve V. in Vermont
Posted by: steve.janv@hotmail.com on Mar 27, 2008 12:29 PM   
Current rating: 5    [1 = poor; 5 = excellent]
I have written Wal Mart stating if they collect even one dollar from this family no-one in my family will ever again set foot in one of their stores. I will also write letters to our local papers and oppose the new store they are trying to bring to our area. I am retired from the criminal justice system (35 years) and have seen more compassion from career criminals than Wal Mart. If the public allows this to happen what does it say about our society?

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Wal-Mart is not the enemy in this case.
Posted by: austex_chris on Mar 27, 2008 1:21 PM   
Current rating: 4    [1 = poor; 5 = excellent]
1- This woman was injured
2- She was hospitalized and her health insurance paid her hospital bills
3- The truck company was found to be responsible for her injury, and thus responisble for her hospital bills.
4- She received the money from the truck company to cover her bills.
5- Wal-Mart asks to be reimbursed for the cost of the hospital bills which its insurance company paid.

This women should have recovered enough money to pay for her initial hospital bills and her future bills from the settlement she received. If she did not receive that much money, then her lawyers failed her.

In a system where private insurance covers individuals you end up with this scenario. The real crime here is that she lives in the richest country in the world and her family can't be certain that she will receive the care she needs for the rest of her life. What is she did not receive a settlement? What if the trucking company was not found liable? Then her family would struggle to get her the care she needs.

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Just another reminder
Posted by: SouthsideBob on Mar 27, 2008 5:40 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Just another reminder of why I NEVER, Ever shop at Walmart. NEVER!

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» RE: Just another reminder Posted by: donl51
I'M AMAZED AT HOW FAST PEOPLE PUT DOWN THAT STORE
Posted by: donl51 on Mar 28, 2008 1:02 AM   
Current rating: 5    [1 = poor; 5 = excellent]
but its always packed w/shoppers buying their cheap ass shit ,most of which we really don't need!....the article written was half the story but most jumped right onto Walmart, my feeling is that people in general don't like shopping there and will jump at any reason right or wrong! we're all on the edge!Personally I don't care for them nor shop there,I prefer the mom and pop shops,yeah you pay a bit more but it doesn't fall apart on your way home,and ask yourself ,do you really need that 72in.flatscreened tv??? in your 12x18' living room!!

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Boycott Walmart
Posted by: sheena2u on Mar 30, 2008 4:30 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Before I knew better I shopped at Walmart.

Then I read how Walmart fires employees for trying to unionize. I read how Walmart is one of the biggest buyers of Chinese merchandise, and I realized that it is impossible to find American made products there anymore. Is turning our backs on American products and America's financial independence the price of low price?

I read how Walmart keeps their employees at part time hours to avoid paying them benefits and forcing them to go on Medicaid and food stamps, and I heard countless personal testimonials that backed this up. Is the exploitation of our friends and neighbors at the work place the price of low price?

I read how Walmart squeezes and bullies their suppliers. I read how Walmart knowingly trafficks in slave labor, and is party to keeping little children and unfortunate men and women in third world countries in deplorable living conditions. Then those poor people are forced to live as prisoners in crowded and substandard conditions, give all their pay to their immediate bosses as a fee for finding them those terrible jobs, and fired if they get pregnant. Is outright slavery and human misery the price of low price?

I read how Walmart puts small local businesses out of business, and ruins towns. And I also read recently that Walmart sells toxic toys that poisons our innocent children. Is the destruction of small businesses, beautiful towns, and innocent children's health and well being the price of low price?

And, now this? Walmart the giant corporate monster would be made whole at the expense of an unfortunate and helpless disabled woman who can never be whole again?

Once again, after so many other times, Walmart has done the unethical, the unconscionable, the immoral thing. Walmart is one of our worst examples of corporate greed, and I am happy NOT to shop there. I have boycotted Walmart for over three years, and do not miss it in any way whatsoever.

I sincerely hope that the Shank family can get some kind of justice as it has certainly been denied so far.

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» RE: Boycott Walmart Posted by: Grumpy
I would like to know!!!!!!
Posted by: Grumpy on Mar 30, 2008 12:38 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I would like to know is why did'nt the trucking company pay for her medical bills because it was there fault not the medical insurance through her work place and again it is'nt wal-mart them selfves sueing her it is the medical insurance that she paid to have at her workplace and they are using the wal-mart or the papers are because nobody likes the fact that wal-mart is'nt union like people want it to be. Wal-Mart offers them the choice to get medical insurance just like every other company and she did'nt have to get the insurance and in fact it was the trucking companies fault because they are the ones that hit her not wal-mart.

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Walmart well with in its rights
Posted by: Skipracor on Mar 30, 2008 2:45 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
it was in the fine print if another insurance covers there medical expenses, the health care system walmart uses do not have to pay. And if they did pay they havethe right to sue to get there money back. Thats what they did and were well with in there rights. treat everyone he same no exceptions................

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too sad
Posted by: tonis on Apr 1, 2008 8:34 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
i understand that i am only one person but i am personally boycotting wal mart because it doesn't matter that they have a right to recover thier money it's the point that the policy wasn't fully explained and that there was anything in fine print. it should be explained to all employees about the insurance they are paying for. is the family going to get all the money back she spent on that insurance to cover her? of course not. i'll pay more to shop else where but the money i used to spend at wal mart won't be spent there any longer

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UPDATE ON THE CASE
Posted by: DrTony on Apr 2, 2008 3:41 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The St. Louis Post-Dispatch has an article in today's issue that states that Wal-Mart has withdrawn their lawsuit against the Shank family.

The link to the article is in my post Do No Harm.

The article also notes that the means by which this was legally accomplished is being reconsidered by health insurance companies. The winds of change blow, though not as fast as we sometimes wish.

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Read Your Insurance.......
Posted by: Grumpy on Apr 2, 2008 9:51 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Read the fine line when u get insurance through your work place the insurance company states that if u sue for a settlement that they are intitled to every bit of the money they paid out wal-mart isnt eating nothing its the insurance company that is eating all that money..... and people are saying there not going to shop at wal-mart again well I do not belive u all because they have low prices and we are all greedy and with the way the econemy is we are all out to save money period so keep going on saying that "Im Not Shopping At Wal-Mart Anymore" when infact is all a bunch of bull........

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