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Upstanding Elderly Raleigh Citizen Treated Poorly by ALDI and its landlord Greenway Financial LLC and property manager Hunter & Associates

August 30, 2016

Normally, I would not give out details regarding a client’s matter. However, in this case my client has consented to taking her case public as a vivid example of unfairness and extremely poor customer service. Also, I do not think this information has very much likelihood of materially prejudicing an adjudicative proceeding in the matter.

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My client fell in the middle of fall at the ALDI store located at 4031 Wake Forest Road in Raleigh, North Carolina. My client was trying to retrieve a shopping cart, and she slipped on some wet leaves that had not been cleared and fell hitting her face. Apparently, nobody at ALDI or Eastgate Shopping Center or the property manager Hunter & Associates removed these hazards or arranged to have them removed, nor did anybody put any warnings during the rain or otherwise. The leaves posing the hazard were found days later in the same area, the only place to get carts. The rain on the day of the incident caused the area to become especially slippery and deceptively dangerous.

Nobody at ALDI saw the fall. My client managed to pull herself up and went inside the store where a cashier asked if she was alright. Some of the staff helped her wipe blood off and seemed concerned that she was bleeding. However, when the manager was called to talk to her, there was no offer to call family or an ambulance for the store’s elderly patron. The manager also did not ask her where she fell or ask to see the location. My client drove herself home.

She was still in a great deal of pain when she went to the emergency room at Rex Hospital a couple of days later. She complained of headaches, facial pain, multiple abrasions to her face and forehead and swelling to the bridge of her nose and maxillary region. She also had swelling and abrasions of her left knee. They performed a CT of her head and x-rays to her knee. My client was diagnosed with contusion to face, cervical strain, head injury and left knee contusion.

She was bruised for two months. Thanksgiving pictures and Christmas pictures feature the bruising. She was also upset that nobody from ALDI or Eastgate Shopping Center cared to call her to see how she was. The family know from their business that there is value of caring for customers, and that did not necessarily seem to be the case at ALDI or Eastgate Shopping Center.

My client was a very active 87 year old lady. She worked for the Angus Barn as a server, manager and trainer for over 42 years. She also raised two daughters on her own. When she retired in 2007 from the Angus Barn, it was to spend more time with her daughters and nine grandchildren. She cared for them during school breaks and after school, and she was very active in their lives.

My client is also very active in her church, including visits to the shut-in members of the church, taking them meals and driving them to doctor appointments. My client also works part-time at her daughter’s business as their credit manager and receptionist. She missed thirty two hours of work resulting in lost income. When she fell, it was months before she was able to begin to get back to normal, and even to this day, she is very nervous walking with a fear of falling. My client also missed going to the Angus Barn’s Christmas party, something she had not missed in over 48 years.

After the fall, my client needed help caring for her home, getting her groceries and getting to church. She is very independent, as she had been her entire life, and she did not like having to impose upon her daughters to help her because of her injuries.

Now, ALDI and its landlord and property manager are not accepting responsibility for damages to this nice eldery upstanding Raleigh citizen. They are forcing her to pursue a lawsuit against ALDI, etc. in which everyone will spend more on lawyers so they can fight. My client has been reasonable in settlement, but ALDI etc. have offered her nothing.

Recent Victory

January 28, 2015

Here’s a link to a recent victory in court.  Many thanks to lead counsel for Plaintiffs, John Austin.

OAKS at BRIER CREEK – JUDGMENT

HUGE YELLOW BUS WITH FLASHING LIGHTS!

October 10, 2014
It seems like every day kids are being hit getting off school buses, and it is heartbreaking.  How do people not see a HUGE YELLOW BUS WITH FLASHING LIGHTS!

Whoops…

October 10, 2014
at fault vehicle allegedly going slower than the vehicle it hits from behind at the moment of impact

at fault vehicle allegedly going slower than the vehicle it hits from behind at the moment of impact

This report can’t be right.  The at-fault vehicle was allegedly going 60 mph at the time of impact, while the vehicle it hit from behind was going 65 mph.  Whoops… it must be the other way around, right?

Crash Data – Raleigh, NC

December 5, 2013

Crash Data - Raleigh, NC

82 Crashes the Day before Thanksgiving
15 Crashes on Thanksgiving

As of 12/5/2013

Wake Forest Trouble Spots

April 5, 2013

Capture

Liability Waiver for Neighborhood Activities

March 15, 2013

Here’s a link to a liability waiver. This is a good way to keep your homeowners’ insurance rates low:

LIABILITY WAIVER

Another Sad Day at Wake County Courthouse

December 3, 2012

Former Judge Kristin Ruth testifies at the sentencing for the attorney who cost her a seat on the bench.ruth ridgeway

Trial

November 13, 2012

Getting ready for trial.  Trial is our option when the other side refuses to be fair.

Tassimo brewers and espresso pads recalled after burn injuries

February 11, 2012

http://www.chicagotribune.com/news/sns-rt-us-recall-tassimo-coffeetre8181el-20120209,0,4728938.story

(Reuters) – More than 1.7 million single cup coffee brewers made by Tassimo and another 4 million Tassimo espresso coffee pads were recalled on Thursday after reports that dozens of consumers were sprayed with hot liquid and some were severely burned, the U.S. Consumer Product Safety Commission said.

Among the more than 160 consumers injured was a 10-year-old girl from Minnesota who was hospitalized with second-degree burns on her face and neck and a 2-year-old girl from Canada with second-degree facial burns.

Two separate voluntary recalls were posted on the consumer watchdog website early Thursday.

The first recalled 835,000 Tassimo Single-Cup Brewers in the United States and an additional 900,000 in Canada, and was issued by the manufacturer, BSH Home Appliance Corp., of Irvine, California.

“The plastic disc, or T Disc, that holds the coffee or tea can burst and spray hot liquid and coffee grounds or tea leaves onto consumers using the brewer and onto bystanders, posing a burn hazard,” said a statement on the consumer website.

Recalled were Tassimo brewers with the Bosch brand name, which have either “BOSCH” or “TASSIMO” printed on the front, with codes of FD8806 through FD9109. Also recalled were Tassimo Professional brewers, with “TASSIMO PROFESSIONAL” on the front and codes of FD8905 through FD9109.

The brewers, made in Slovenia and China, were sold in stores and online from June 2008 through February for $100-250.

The bursting appliances resulted in 140 reports of consumers sprayed with hot liquid, coffee grounds or tea leaves. Of those, 37 reported suffering second-degree burns, including the 10-year-old girl, the website said.

The agency advised consumers to immediately stop using the affected models and to contact the company to order a free replacement T Disc holder for the brewing mechanism.

The second recall was issued by Kraft Foods Global Inc., of Northfield, Illinois, maker of the Tassimo espresso T Discs, which are pre-packaged ground beans in their own filter.

Kraft recalled about 2.1 million packages in the U.S. and another 1.9 million in Canada, saying they can get clogged and spray hot liquid and coffee grounds, posing a burn hazard.

Of the 21 reports of consumers and bystanders injured, four suffered second-degree burns, the consumer website said.

“One injury involved a 2-year-old girl from Canada who received second-degree burns to her face,” the website said.

The recalled product, which is made in the U.S., involves brands including Gevalia, Maxwell House and Nabob. Each has a code ending with 11213 through 12020 and was sold in stores and online from August 2011 through February for $8-$11 per package.

Consumers were advised to stop using the discs immediately and to contact the firm for a refund.

(Reporting By Barbara Goldberg; Editing by Paul Thomasch)

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