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http://hubpages.com/hub/Little-we-know-about-our-legal-system#comment-5450676
The current position on this case; 10 February 2011
I have asked my MP Andy Love for help several months ago he has not even bothered to answer my e-mail I went to his surgery and spoke to his secretary and have returned every fortnight and have been fogged off every time I go with excuses like they have not had any reply yet from Costco's. But this matter should be dealt with accordingly by the human rights act. a company had breach the health and safety regulations and injured a woman fractured three vertebrae causing a mild brain injury and lost her job her husband had to close down his business to take care of her.
The system in return decided that she did not have the mental capacity to decide whether the amount offered was sufficient, did not want any of her family to have a say in the matter, brought a court appointed solicitor to take over the matter and decided to except the offer and demanded that the injured party had to obtain a psychiatrist report in addition, to obtain a penny that was due to her, after they have decided what she deserved. At this stage the case has ended she is now on trial to produce a report on her present mental capacity, because we believe that we the claimant is not on trial and since the case is over and has all the reports from no less than five consultants not including the NHS. Why on earth does our society have to put an injured party true such punishment when they are totally innocent, and the defendant has accepted liability within the first month of the accident? If we cannot get justice from a clear and cut case like this how on earth are we ever going to sue insurance companies corrupted solicitors that require a lot of legal proof.
scribd
http://www.scribd.com/doc/43830609/News-Paper
New comment on your post #7676470 "Bad Accident at Costco's" ____ http://colinberry1.blog.co.uk/2010/01/02/bad-accident-at-costco-s-7676470/
All that it takes for evil to triumph is for good people to do nothing....
http://www.gather.com/viewArticle.jsp?articleId=281474977474144&nav=MyGather
(1) MARY BERRY
(2) COLIN BERRY v COSTCO UK
UK Barrister, Susan Rodway Q.C. (Mary's Q.C. appointed by Andrew Morgan (APIL member) of Field Fisher Waterhouse LLP, Mary's solicitor.)
Before his Honour Judge Bailey.
It is ordered that:
(1) The official Solicitor "May Maughan" be appointed as the litigation friend. Claim Number 6ED03566
WATCHDOG
http://www.facebook.com/permalink.php?story_fbid=163523860334483&id=16503...
(2) Before His Honour Judge David Mitchell.
Edmonton, London, Enfield, Waltham Forest.Brain Injury Law (Solicitors)
Accident at Costco's extreme horrible worst accident ever
http://groups.google.co.uk/group/uk.legal/browse_frm/thread/d3ab2281bceecad1?...
http://groups.google.co.uk/group/alt.politics.british/browse_frm/thread/3bb61...
http://groups.google.co.uk/group/alt.politics.uk/browse_frm/thread/1b28c73ec3...
Our Legal System in the U.K. have an interesting sense of direction, I am told by my Solicitors' that punitive damages is highly unlikely to be obtain in our circumstances, even though eight washing machines was stacked 30ft high and overlapping by 20%, 14 photos taken by the Police showing the incident and the remaining 4 washing machines dangerously tilting over.
I came across an article showing when punitive damages are awarded in the U.K. This article was referring to a case,
Lying Shame
Should those who exaggerate personal injury claims be forced to forego the aspects of payouts to which they are entitled? By Alejandra Hormaeche. (Lord Justice Millett's judgment in Galloway v Guardian Royal Exchange (1999)). It is important for claimants to appreciate that, although a finding of serious dishonesty is unlikely to result in no damages being awarded, it could lead to a referral of the matter to the Director of Public Prosecutions and a subsequent prosecution for fraud. Also, it will almost certainly result in a punitive costs order.
•Alejandra Hormaeche is a barrister at Tanfield Chambers.
I found this case to be interesting, trying to cut a long story short apparently the Claimant lied about losing his job because he claimed that it was because of his accident. The defendant found out that he was sacked for stealing his bosses tax disk. Well how sad can it be to be reduced to stealing a tax disk?
We were lucky that we had considerable amount of savings behind us some of which came from the settlement of my property when my ex-wife remarried and including Mary's life insurance policy, which we are living on today. I just wondered have they bothered to look into his hardship of coping with his accident and extra cost that he had accounted?
http://www.factuk.org.uk/
Costco is it's own company, no relation to WalMart (thank goodness). Interesting that they have an outside insurance company there, I am sure it's due to being in another country their requirements. That's probably why it's also taking forever to get things settled. Insurance companies are good for slowing things down. I know here in the US if they find negligence the compensation is pretty quick because it is self insured here (no third parties).
katrina0210 1 month ago
@katrina0210 Costco is its own company, I wonder?
Wikipedia. Walmart has 8,500 stores in 15 countries, under 55 different names. The company operates under its own name in the United States,
Prior to the 1993 Price merger, Wal-Mart founder Sam Walton wanted to merge Sam's Club with Price Club.
In 1997, the company changed its name to Costco Wholesale and all Price Club locations were rebranded Costco. Walmex, in the United Kingdom as Asda
colinberry1 1 month ago
Since Costco puts up ropes on both sides of the aisles they are working in with fork lifts, what was your wife doing there? Did she ignore the ropes and go under them like I have seen other people doing because they didn't want to wait? Why would she enter a roped off area? I feel bad for her injuries, but maybe you should consider her part in ignoring the safety precautions. Also, Costco is a self insured company. So what insurance company are you talking about?
katrina0210 1 month ago
For a person who know so little about the scenario you certainly have a lot of allegations to make, I suggest you read the descriptions and if you are concerned about the dilemma this poor individual was put through, due to negligence by a huge corporation, and at the same time consider would I be publishing this article if it wasn't true, on the Net. considering the people shopping as witnesses and the possibilities of being sued by a huge corporate for fall's statement would be enormous.
colinberry1 1 month ago
@katrina0210 Well the insurance company that represented Costco’s was Ace Europe, I do not know are they own by Costco's or Walmart, I am told that Costco’s is own by Walmart, on your channel documentary of Walmart the legal system especially the judges there seems remarkable compared to our corrupted lot. This accident was in 2003 my wife still have not received compensation and living on fresh air.
colinberry1 1 month ago
@katrina For the records we did not climb over any cordoned off area, the aisles was open to the public, generally we take our grandchildren shopping with us the good thing is they wasn't down that day, if negligence we are looking for I certainly believe that any responsible company would not stack 8 washing machines 30 foot high with insufficient wrappings to secure it and overlapping by 20%
This incident have destroyed two people's lives and deprived 6 grandchildren from their grandparent.
colinberry1 1 month ago