Bismarck Tribune - Bismarck News - Bismarck woman sues over bunched rug

Bismarck woman sues over bunched rug

Aug 05, 2006 - 02:10:56 CDT

By JENNYMICHAEL
Bismarck Tribune

A Bismarck woman is suing a gas station for more than $50,000 because she tripped on a bunched-up rug.

According to court documents, Paula Dehaven entered the south, single-door entrance of B & J Tesoro at 406 N. Sixth St. on April 20.

Dehaven tripped over a bunched up rug and caught her balance in the air, said her attorney, Ralph Vinje. He said Dehaven suffered from "whiplash-type injuries."

Vinje did not know Dehaven's age. She is a hairdresser, he said.

The documents claimed that within half an hour, Dehaven had severe pain for which she sought medical treatment.

"Due to the negligence of the defendant in failing to keep its business place safe for entering and exiting customers, Paula Dehaven endured pain and suffering and required many months medical attention," said the complaint, which was signed by Vinje.

Dehaven is asking for at least $15,000 for medical expenses, $50,000 for pain, suffering and inconvenience and $1,582.06 for lost wages and future lost wages, the documents said. Dehaven is also requesting interest, and that the defendant pay costs, disbursements and attorney's fees for her, the documents said.

Steve Storslee, attorney for B & J Tesoro, said he could not comment on the case.

Vinje has requested that a two-day trial be held in the matter before a nine-person jury. The case has been assigned to South Central District Court Judge David Reich.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)

News > Local

Printer friendly version Bismarck woman sues over bunched rug

Comments

Just Thinking wrote on Sep 1, 2006 11:43 PM:

" Are the comments done now and just waiting for the trial date? Do you suppose the Tribune will publish the results from the trial? I am waiting to see if I could sue so I could increase my personal portfolio! "

Online editor wrote on Aug 24, 2006 2:41 PM:

" To Barney: The Tribune doesn't take stories off of the web site except in very rare occasions. Stories go into our electronic archive after being posted online. The stories disappear from the site based on reader's comments. Only the top ten stories receiving the most comments stay on the front page of the Web site. The number of comments is based on the last seven days. It is an automated process. Other readers must not have found the "WSI employees getting pay increases" story as important to comment on as you did. Because of that it fell off the list fairly quickly. "

Barney wrote on Aug 24, 2006 2:27 PM:

" Ezra - you assume that everyone who posts here lives in Bismarck. Also the Tribune keeps some stories forever and ever (like this one) and takes off others after only a few days (WSI employees getting pay increases) that may have more of an impact on people. They create the news and the comments by their actions. "

Black ahd white wrote on Aug 24, 2006 1:30 PM:

" Accidents happen in life, does that mean somebody is to blame all the time? life is a bumpy road so watch where your going. "

Black and White wrote on Aug 24, 2006 1:27 PM:

" alot of people seem to want to blame somebody for the bad things that happen to them. life is a bumpy road sometimes, so watch were your going. "

to GROW UP wrote on Aug 24, 2006 1:14 PM:

" so what are you checking out this page for (after 18 days) if you think its so terrible that people are still commenting? "

Ezra wrote on Aug 23, 2006 11:40 PM:

" To Nadine: well said. The only thing your missing by not living here is the short, sad realization that the conepts of human compassion and human decency are not, in fact, inate human qualities. It's a bit disconcerting. "

Online Editor wrote on Aug 23, 2006 10:35 PM:

" To "its about time" If you post your email address I can respond with more information. I will not publish your email address. "

GROW UP!!!!!!! wrote on Aug 23, 2006 10:06 PM:

" you people need to grow up. your all acting like a bunch of spoiled little children. this has been going on for almost 18 days now. when is enough going to be enough. get a life an go back to your job and your own life. "

Nadine wrote on Aug 23, 2006 9:49 PM:

" I'm not surprised that you all are still hung up on this case. If you would all stop and think, she has to have medical FACTS to support this case. Those facts will be challenged by medical experts on both sides. You just cannot go to court and expect to get 50k free! This happened two years ago, and I would imagine she is able to work. Most injuries heal over time! Here is some homework, pull out your homeowners insurance policy, call you agent, and make sure you have enough coverage in case there is an accident on your property. For those who are interested, I don't live in Bismarck, or anywhere in North Dakota for that matter. It's a great place to be from. Hopefully you can find a good cause to get behind and put as much energy into it as you did writing on this board. Paula deserves better than what she is getting on here, regardless who is or is not at fault..... "

Incredulous wrote on Aug 23, 2006 11:11 AM:

" I won't be in court, I have to work. It's great that you have enough free time to see someone else not "work" for their money. "

ya wrote on Aug 23, 2006 10:53 AM:

" if she wins this case; our courts will be overflowing with stupid cases like this with all the people who decide they don't have to work if its this easy to get money "

l wrote on Aug 23, 2006 8:32 AM:

" ENOUGH ALREADY !!!!!!!!!!!!!!!!!!! "

What next! wrote on Aug 23, 2006 7:52 AM:

" To Increduluous: I do not plan to sneer at anyone. I would like to see how one can make $50,000 and not work! See you in court. "

Incredulous wrote on Aug 22, 2006 10:55 PM:

" However, if you're going to do nothing but sneer at the plaintiff, don't bother going. "

Incredulous wrote on Aug 22, 2006 10:55 PM:

" Off the top of their heads? No, it's not like a sport's schedule. Call the Burleigh County Clerk of Court to see if a trial date's been set. "

What next! wrote on Aug 22, 2006 10:23 PM:

" When is the trial date as I would like to attend. Anyone know the south central district court calendar? "

Expositor wrote on Aug 22, 2006 6:15 PM:

" I predict that the judge will take one look at this case (in chambers) and will then be overtaken by such a fit of hearty laughter that his Fixodent will let loose and he may be in danger of choking on his upper plate, so I hope he will have someone there to make the call to 911. "

** wrote on Aug 22, 2006 11:02 AM:

" I almost tripped on a rug at a resturant over the weekend.--My own fault--I should have just let myself fall, caused a big commotion and I could be $50,000 richer! Next time I'll think ahead. "

Incredulous wrote on Aug 21, 2006 11:37 PM:

" No love? Hmmm, I guess I'll have to search the other blogs for potential mates. "

Incredulous wrote on Aug 20, 2006 11:13 PM:

" Gardog: What do you have against being a househusband? Too progressive for you? :) "

Incredulous wrote on Aug 20, 2006 10:50 PM:

" I just don't think suing for negligence means that someone is taking the easy way out instead of making an honest living. The point of a monetary judgment is to put you back in the same position you were in before the accident happened, no better and no worse. In my opinion, that's not "winning the lottery," that's what's fair. It all depends on what Paula's able to prove to the court and my point has never been that she should win. My point is that she should have the opportunity to present her case to the court. I also stand by my "sour grapes" comment. Any of you who think this is a "lottery win" are expressing sour grapes, in my opinion, because you're a bit envious that you have to "work" for your money while someone else gets it for "free." I've never sued anyone, nor have I been sued, and I've never met Paula or discussed her case with her, so I can't say what her mindset is. However, I've seen both valid and unmeritorious claims for damages in personal injury lawsuits. Do some people sue unneedlessly and unscrupulously? Yes. And those people should be ashamed of themselves and any lawyer worth his weight won't take that case. But not all people who sue trying to get rich quick the easy way. "

cant believe it wrote on Aug 20, 2006 5:05 PM:

" isnt it our parents that tell us when we first start to walk to "watch our step" she obviously wasn't taught to that , and is trying to blame her stumbling on someone else. "

Jake wrote on Aug 19, 2006 12:02 PM:

" "Incredulous " At the first site of your post's you called everyone who made post's "sour grapes" ,and then continued to slam anyone who directed anything towards you or those who opposed that Paula deserved a fair trial.= meaning you did start it. Think about it! Most everyone here feels that each individual should earn their living the fair and right way by having a job to make your earnings or winning the lottery. I simply stated if you think it is okay to screw the system, and want free money you don't deserve. Then go on welfare as their are a fair share of people who take advantage of goverment money while others actually need it more then the scammers do. From what I can see from all three of your post's. The profile of looking for the easy way to get the extra buck fits you three perfectly to proceed with whatever it would take to get extra cash in your pockets. I thought so! "

ryan wrote on Aug 19, 2006 11:36 AM:

" incredulous you are an amazing woman! "

geo wrote on Aug 18, 2006 11:06 PM:

" geez, i thought the hot coffee case was ridiculous "

Gardog wrote on Aug 18, 2006 6:18 PM:

" Gee, I haven't had time to check this thread for a few days. I've missed a lot. A marriage proposal, no less!And such vitriole! I agree with Tired Of It, the conversation has deteriorated. Hopefully there will be some sort of resolution to the case, either a sumamry judgement or an actual trial, so that we can all start over again. If a settlement is granted, then it will serve one of the primary public purposes of having equity courts, which is to encourage everyone to take reasonable care and not be negligent. The cost of a settlement will be an example to business owners to be careful with their premises, and to insurers to watch the habits of their customers. And if a settlment is not granted, then it will be a warning to people walking around to be careful about their behavior. But in either case, if it causes people walking around and business owners to both be more careful, then it will actually have served some useful purpose for the rest of us. And BTW, in the hot coffe case, the McDOnalds store manager deliberately set the machine to serve hotter than a person could normally drink the coffee in response to complaints from other customers. Those customers purchased coffe with the specific intent of driving to their offices and then drinking the coffee. The coffe would sometimes be too cold after being carried around for 15-30 minutes, so the manager set the machine to a higher temperature than the manufacturer had intended. That the manager overrode the safe settings is what was considered negligent by the manager, and therefore by McDonalds. Had the machine been designed to serve the coffee that hot, then the machine manufacturer would most likely have been held negligent, not McDonalds. Had the manager not admitted that the temperature to which he set the machine was not reasonable for someone to immediately drink the coffe, there would likely have been no judgement for the plaintiff. The court simply afirmed that it was reasonable for a customer to expect the coffee which was being served in a restaurant to not be so hot that it could not safely be consumed at the delivered temperature, and that knowingly serving the coffe at such a high temperature without specifically warnning each purchaser that it was unsafe at the delivered temperature was negligent. It's just too bad for me that I didn't know incredulous might be looking for a househusband! I think we'd get along well together. Darn it! "

weird wrote on Aug 18, 2006 4:16 PM:

" HEY YOU GUYS CHECK OUT THE STRANGE NEWS. A WOMAN IS SUING JC PENNY FOR A MANNEQUIN ATTACK. THAT IS EVEN WORSE THAN THIS ONE. HAHA "

TIRED OF IT!! wrote on Aug 18, 2006 10:55 AM:

" Come on people - put his one to bed. I'm really tired of this bikering back and forth - you have lost what this article is all about. I am ashamed of some of your comments -you are attacking one another - let the courts make the decision. Ms. DeHaven has a right to a trial if that is what she wants. Have some compasion for the other people in this world. It sure would make a better place to be for both you and me. "

Incredulous wrote on Aug 18, 2006 10:37 AM:

" What makes you think I'm a man? I'm not. "

hi wrote on Aug 18, 2006 9:58 AM:

" patty, like I said if you can't handle it........leave. personally, I don't care what they say about ND's........I am happy here. I do have cable and I do travel. if so many people laugh at you..........maybe its you "

laughing wrote on Aug 18, 2006 7:46 AM:

" this is soooo funny! is this how people shake their hostilities nowdays? arguing and insulting people they dont know and have never seen, over something that they have no control of and isnt any of their business? "

ryanm424 wrote on Aug 18, 2006 12:54 AM:

" that other bizarro ryan is not me. I would never propose to a man. "

Incredulous wrote on Aug 17, 2006 11:53 PM:

" I understand your points, generally, but I'm just pointing out that your sentence structure is sometimes so poor that it's difficult to extrapolate your exact point. As for me not taking criticism well, I'm not the one that starts these attacks. I generally respond to attacks directed at me or to attacks that are unfairly attacking someone's person, not their viewpoint. I'm also not for or against Paula. I'm for everyone having their shot before a jury. If her claim is completely lacking in merit, it'll get kicked out on summary judgment before it sees the light of day. Finally, it's incRedulous and doctOrate. The only reason my education even came to light is because you unfairly suggested three of us seek welfare instead of supporting someone's right to sue and because you poorly analogized a government welfare program with a personal injury action. "

Jake wrote on Aug 17, 2006 11:34 PM:

" To all who are for Paula. You can't handle the fact that some people think it is lame to sue a gas station over a mistake that was made stricktly by Paula for not being resposible for her own actions. Paula was offered money to pay for her medical expenses and any other damages she encountered that day and months following. But no,it wasn't enough for her so she turned it down because she wanted more money then she deserves from Paula's rug tripping incident. I hate to tell you this incedulous but for someone with a doctrate you don't have very good grammer writing techniques yourself.Not to mention that you seem to have a hard time with receiving put downs from others but have no problem with dishing it out do you? I would think someone at your level should be able to understand everyones blogs clearly but like someone said to Nadine the light is glowing but not very bright. "

Patti wrote on Aug 17, 2006 11:20 PM:

" Hi, they DO make fun of us. Perhaps you should venture out of the state, and your little bubble, every once in awhile. Or at least get cable. "

Incredulous wrote on Aug 17, 2006 11:19 PM:

" Ryan: sure, but you'd have to be my house husband. I'm looking for more of a housekeeper than an actual husband. "

ryan wrote on Aug 17, 2006 11:01 PM:

" incredulous will you marry me?? "

To Nadine wrote on Aug 17, 2006 10:18 PM:

" And you say we have too much time on our hands... "

hi wrote on Aug 17, 2006 8:11 PM:

" patty, if you feel that people make fun of the ignorant fools of ND, maybe you should join nadine on her move out of our wonderful state. "

Dave wrote on Aug 17, 2006 6:18 PM:

" I just strained my thumb while typing this message. The Tribune can expect a call from my lawyer!!! Then I go after Dell!!! The world will be mine!!!!!!!!!!! "

Mike R wrote on Aug 17, 2006 6:01 PM:

" Kayla: YOu think she is going to get what she is suing for? Wanna place a bet on that? "

ryanm424 wrote on Aug 17, 2006 4:29 PM:

" I agree with dumb lady "

Patti wrote on Aug 17, 2006 3:49 PM:

" No wonder people make fun of North Dakotans. If this is a cross-section of the population, we're all ignorant fools. "

dumb lady wrote on Aug 17, 2006 3:38 PM:

" Put her down like a lame dog and save us all the trouble. "

insane wrote on Aug 17, 2006 3:36 PM:

" oh great, first someone sues because they drank hot coffee at mcdonalds, and now this! "

Daryl wrote on Aug 17, 2006 3:32 PM:

" This comment forum is a joke. The Tribune is lame and biased. They never post the real comments that are sent in. Cuase they are too politically correct. And are afraid what people really think. I think I will start my own website. Where people can express their true feelings. Not what is acceptable to say.. "

Christi wrote on Aug 17, 2006 2:25 PM:

" Abe: Your "picture" is more like a Picasso than a Van Gogh. As your comment is written, you're suggesting that Incredulous, Daryl and Nadine would get free money by supporting Paula. I kind of understand the point you are trying to make from the context, but it's really distorted and fuzzy. "

Incredulous wrote on Aug 17, 2006 2:21 PM:

" Why is it that you jump all over someone like Nadine when she expresses a different opinion and attack her personally, as opposed to her viewpoint, but as soon as it's reversed, you're breathing fire? "I doubt your intelligence withholds behind your degree." That doesn't even make sense. Maybe you shouldn't put so much effort into trying to make yourself sound smarter. People might be able to understand you. "

Rick J wrote on Aug 17, 2006 1:05 PM:

" The store should have never offered a settlement in this case. At this point, I don't see where they are any way negligent with a bunched up rug on the floor for this storeowner. When did the rug bunch up? The 10 customers before Paula entered the door? The customer walking across the rug, right before Paula enter the door? As Paula walked across the rug herself? Or was the rug even bunched up at all? These are some basic questions that need to be answered before I as a jury member would decide either way in a trial. "

Cj wrote on Aug 17, 2006 12:18 PM:

" incredulous jake hit a nerve didn't he? "

Abe wrote on Aug 17, 2006 12:13 PM:

" To Dr.Incredulous- I doubt your intelligence withholds behind your degree from what I can see.I see Jake is simply telling you that if you want to get free money,go sign up for welfare instead of supporting someone to sue over a injury Paula indicates she had over this incident.Get the picture. "

To Paul T wrote on Aug 17, 2006 11:12 AM:

" A person still has to prove negligence. In generaly, a store owner is not responsible until it is shown they ignored the problem. Usually, grocery stores aren't liable for spills until someone tells them of the spill or an employee actually sees it. "

Paul T wrote on Aug 17, 2006 11:03 AM:

" As a customer, what if I spilled a glass of water on the grocery store floor or bumped a bottle of something on the floor & I didn’t clean it up and walked off and left the mess without telling a store personal about the accident? One minutes late: Another customer walks through the mess on the floor – slips and falls. Out of all seriousness, how is a store, owner, manager and or employee to know that messy me made a mess on the floor? I am sorry, but as a business person, we can not be every where all the time. What do we have to do, hire staff to walk all over the store to double check to make sure our customers are not being slobs? If so, you will be loosing a lot of weight because your wallets will be getting thinner with the raising prices for the extra staff that is hired. "

Incredulous wrote on Aug 17, 2006 11:00 AM:

" Jake, perhaps you should have someone proofread your blog postings, as well, as your grammer indicates a 10th grade education, at best. As far as me being on the "welfare" plan, I don't understand what you mean. Part of it may be your inability to express yourself clearly through your posts. I don't think giving someone a fair trial is the equivalent of a government handout. Also, if you are attacking me personally by that comment, I have a doctorate degree and a job that more than amply supports me and my family, so there's no need to say that I'm on welfare. "

M.A. wrote on Aug 17, 2006 10:19 AM:

" Wow! The things people will come up with to get money from others. Doesn't she look were she is walking? If you see a bunched up rug and you still trip over it, then that is your own stupidity for walking that way. Get a clue. "

Kayla wrote on Aug 17, 2006 8:16 AM:

" I disagree with just about everyone...well everyone! I do believe that it is the stores fault that the lady tripped on the rug, the store is resposable on keeping the store free of accidents. This store should have been making sure there rugs are not accident prone. Just like if walked into a store and there was no wet floor signs up, i would be mad if i hurt myself i would ... well i am my own person and depending on how i hurt myself.. i wouldnt sue.. but thats just me. More than likely she is gonna get what she sues for and i hope she does. I dont think this lady was out to sue someone that day, i do believe she went into a store tripped and hurt herself bad enough to sue them and make them responsible for her pain and suffering. I dont know why you all have written such negotive comments on this news story, its really not anyone's business what the woman does becasue this happend to her and not U! Its a free country and everyone has the right to a fair trail and believe me the woman will get it. As i was reading all of these bashing comments i realized that only the negotive, judgmental, and intolerant people were the ones that seemed more prone to leave a comment. I just thought i would step up from the other side of the fence and tell you all my opinion and give some of the negotive people something to respond to, and something to make them feel better about them selves. "

Jake wrote on Aug 17, 2006 2:02 AM:

" To Nadine- You should have someone proof read your blogs,you have plenty of spelling errors yourself before you submit them. Maybe you should go take up the welfare plan along with Daryl and Incredulous,instead of getting rich off of suing people and take up responsibility for your own actions,since the age of 7 years old you are legally accountable for them. To Reassured- way to tell Nadine the way it is! "

Reassured wrote on Aug 16, 2006 11:38 PM:

" To Nadine,I would love to help you pack your bags to move out of North Dakota, (you embarrass me) so I can trip over your moving box's and see if I can sue you? (I wonder how much I could get?$$$$). It looks like Wal-mart is the only place that will give you a job,and you should know first hand about lawsuits since Wal-mart is the #1.company who gets sued on a regular basis, guess Sam Walton doesn't cover everything either does he? Nadine you want my expert advise, I personally know Paula and know more about her then you will ever know,and I can guarentee your legal advice is hogwash that keeps dripping out of your mouth.Paula has been fighting this case since the incident on April 20,2004 and refused to settle out of court because she still owes her nuerologist over 4 grand and would not settle with the $15,000 that was offered to her. Paula does pediacures which requires bending and stooping over, on a daily basis, and plus she works as a hairdresser which also requires her to bend over, so if she was that seriously injured from a whiplash like injury,then she would not be able to perform her duties would she? "

now wrote on Aug 16, 2006 10:46 PM:

" I agree, paula, like anyone else, deserves a fair trial. but I also think it is ridiculous claims like this that waste time in our courts; cause insurance premiums to continue to increase and prices in the stores to increase, too. "

Incredulous wrote on Aug 16, 2006 10:38 PM:

" To kknc: You hope she doesn't get a fair trial? That's the most unpatriotic, atrocious, and ridiculus [sic] thing I've ever heard! Next to your spelling, anyway. I would think you deserved a fair trial, even if you were a terrible person. Everyone deserves a fair trial and, who knows, perhaps a "fair" trial means that her claim gets tossed out and she recovers nothing. It's not for us to determine what's "fair", that's why we have a judge and a jury. "

kknc wrote on Aug 16, 2006 4:10 PM:

" to nadine again, Hopefully the "blog" gets thrown out of court and I hope she doesn't get a fair trial this case ridiculus. She is racking up bills she won't be able to pay. sorry but it's the truth. Oh ya, volunteers are not allowed to work directly with the patients. Once you work in a hospital you know who is really injured and who is the "seeker" this sound like a "seeker". "

Gregg wrote on Aug 16, 2006 1:12 PM:

" The reason this may bother some people is because sometimes the truth hurts. Either deal with it or change it. The choice is yours. "

also to nadine wrote on Aug 16, 2006 12:06 PM:

" if reading these comments upset you..........don't read them!! dah "

to Nadine wrote on Aug 16, 2006 11:24 AM:

" you are embarrassed to be from ND? there are several roads leading out of here!!! "

Daryl wrote on Aug 15, 2006 11:54 PM:

" To First Hand. You say your not making a PROFIT? Who are you fooling? The price of crude has dropped. And prices are still up there. So who's scamming who. Theres alot of price goughing going on. one example is when Hurricane Katrina hit. bam gas rose up to almost $3.50 Theres no reason why when a natural disaster or any other lame excuse to raise gas. Why is fuel like the stock market? I haven't noticed food or anything else go up in price.. "

Nadine wrote on Aug 15, 2006 11:22 PM:

" I hope Paula's lawyer takes this blog to court, it's proof this woman can't get a fair trial. And NONE of you people know all of the facts in this case. I am embarassed to admit I am from North Dakota seeing all of the comments written here. Oh and Reassured, you bright person, Wal-mart has just removed all of the old fashioned rubber mats at their entrance at our local store replaced by a new type of tile that you can't trip over. It's obvious none of you have ever worked with a lawyer or been in a court room during litigation. Can you all please find something else to get fired up about? Like the gas prices, the war or something???? If you have so much time, go volunteer at your local hospital, you might learn some compassion and a little about injuries. "

mmmmm wrote on Aug 15, 2006 8:24 PM:

" apparantly paula has never had a rug bunch up in her house or her place of business. these things happen. they are not a fault of the business place. ''crap happens'' "

holy smokes wrote on Aug 15, 2006 6:06 PM:

" I haved worked for restaurants and coffee houses. All of them required the coffee to brew at 190 degrees. To be honest, if it is brewed less than that, (known when the machine malfuntioned) and the coffee brewed at a lower temp (I believe we temped it at 160) we got countless complaints on cold coffee. "

Lorell The Cable gal wrote on Aug 15, 2006 5:03 PM:

" Yep - she should sue the rug manufacture for having a rug that will bunch up. They have a much deeper pocket. "

Dave wrote on Aug 15, 2006 2:36 PM:

" Donkey punch and dirty sanchez? now that's funny! I think she should sue the rug itself. These darn rugs are ganging up on people, just like towels! Has anyone ever seen the South Park towlie episodes? The rug was probably on drugs and that's why it was bunched up! Darn rugs and towels, they can't be controlled or trusted anymore!!!! "

first hand wrote on Aug 15, 2006 1:14 PM:

" To those of you who think 50 grand is three days profit for a gas station (see previous post) you are mislead. I manage a gas station and to tell you the truth, I'm sick of the high has prices more than anyone. We get blamed for the high prices, being profit grabbers, and think we live in extravagant houses. let me tell you, our profits selling gas are actually LESS now than when we were selling it for 1.29 a gallon!!! Back then, we could keep a bigger margin and nobody would say anything. Now, we are selling gas at a minimal margin to try and keep the consumers as happy as possible. Now to my next comment, if we had to have an employee to watch the rugs for being crumpled up, we might as well hire an employee to make sure that nobody pees on the floor after using our restroom. They would be required to go in after every person uses the bathroom to check for something they may possibly slip on. I would also need an employee to stand outside in the parking lot incase a customer drops a candy wrapper so nobody could slip on it and sue me. How about the employee who in the winter would have to stay outside all the time during a snowstorm and constantly be putting down salt so they don't sue me if they slip. People need to be responsible for themselves. If they do something dumb or careless, they need to take care of it themselves, not look at someone else to blame! You think gas prices are high now, wait until I have to hire seven more full time employees to watch and make sure everyone who uses my store is not going to sue me! And furthermore, I ask you all to quit complaining to the employees of gas stations about high prices. They don't set the gas prices, they just work there. If you want to complain, call over to the middle east and tell them they need to sell their oil to the US for cheaper. "

Max wrote on Aug 15, 2006 10:49 AM:

" To Derp – I am with you on this. I serve coffee sometime to people and I might have to start checking Id’s and looking for a certain name b-4 pouring. "

Derp wrote on Aug 15, 2006 10:38 AM:

" I hope nobody is foolish enough to sell this woman HOT COFFEE!! "

Daylan wrote on Aug 15, 2006 10:27 AM:

" Dooes anyone know if when Pauls walked across this rug - she drug her feet and she bunched up the rug herself? We are still pending when and how the rug got bunched up. "

Mike R wrote on Aug 15, 2006 10:20 AM:

" Daryl: So you know that this gas station doesn't have a safety plan in place? Because we all know that if you have a safety plan in place rugs magically become glued to the floor and they never get bunched up for even a second. I don't care how detailed your safety plan is, things do happen. That is just how it is. If you don't believe me, then please get out from under your rock and take a tour of the real world for a while. "

Peacemaker wrote on Aug 15, 2006 1:29 AM:

" Everyone! Please, you are forgetting the main purpose of this topic, why Paula want's to sue? Some of you are putting others down with belittling comments. That is not the right way to treat another person. I know this has become a debate issue on the fact if Paula has the right to sue or not for her injuries regardless if they were pre-existing or not prior to her slip on the rug at the gas station. Please lets work togather in finding a better soultions to prevent future simular situation like Paula's from happening to others, or lets just sit back and let the judge and jury decide if she will be awarded for her time,lost wages, injuries,pain/suffering (ect). We must take in consideration that a few of us think Paula's resolution to sue the gas station is the correct/right way to behave, while others are against her behavior and think she should brush herself off, and swallow her pride and take the consideration of Paula being responsible for her own actions. I myself would like to remain mutal on both sides, Mainly because from what I can see is how this situation is tearing us apart from one another in a negative way,lets try to be adults and let the evidence weigh the outcome of this trial. thank you for your time, and consideration. Hope everyone will have a great and safe day! "

Daryl wrote on Aug 14, 2006 11:52 PM:

" To Hope your case. Gee if the people on here decided the case. Paula wouldn't get a fair trial here. You people are in favor of her not getting a settlement. I Hope she gets every penny she's asking for. This just shows that this place of business doesn't have a safety plan in place. If I was sue happy. I should be suing people that smoke in public for breathing second hand smoke and the Fast food joints for serving trans fat artey clogging food. "

Hope my case stays out of the paper wrote on Aug 14, 2006 9:00 PM:

" I think the state of N.D. and it's residents are missing a chance to save mega bucks by wasting money on courts and trials, when all they would have to do is have the Bismarck Tribune publish the case, then let the readers opinions deceide the outcome. The attorneys and judges could be greeters in stores and other businesses to make sure the rugs and other things are safe, or they could follow farmers or other residents around to advise them incase they are planning to have an accident or fire. "

To Youbunchofwhinners wrote on Aug 14, 2006 7:06 PM:

" That is why the majority of the people in Minnesota and California are fricken wackos. People in North Dakota are normal. "

Law School 101 wrote on Aug 14, 2006 4:45 PM:

" I'm sorry if if my explanation of basic legal concepts was seen as offensive to any of you. I was simply trying to enhance the discussion on this forum and point out different angles for people to consider. However, I will no longer attempt to bring the level of conversation up a notch. I truly apologize for stooping to the same level of disrespectfulness as other posters. I know better than that and I let "To Law School 101"s attack get the best of me. With that, I will disengage myself from further future conversations on legal issues and let all of you non-legal scholars fight it out amongst yourselves, driving the issue into the ditch instead of forward. Good luck. "

stolenhood wrote on Aug 14, 2006 4:32 PM:

" Like 50,000 dollars is really any type of expense for these gas stations. With the price of gas they make so much money, 50,000 dollar is like 3 days profit only. "

tt wrote on Aug 14, 2006 4:10 PM:

" To Law school 101... you think you know it all and are very rude to many of the people who posted. You need to apologize ... maybe you don't know as much as you thin you do. "

Law School 101 wrote on Aug 14, 2006 3:54 PM:

" I wasn't belittling all people who walk the company mail to the post office. I was simply belittling "To Law School 101." This is after they belittled me by calling me a lawyer, calling my comments "lame" and suggesting that I work for an attorney he/she considers to be a worthless example of a human being. My point was that no one should be so self-important. As far as "grow up" is concerned, part of being an adult is taking responsibility for your own actions, and it is the "adult" thing to do to pay for medical bills when someone was injured while patronizing your business. Making them sue you is just as childish. If Ms. Dehaven had a preexisting condition, the gas station is still liable for any aggravation of that condition, but not for the underlying condition itself. She would have to prove that the rug incident directly caused aggravation of her preexisting condtion and also prove the extent of such aggravation. People, I'm not "for" or "against" any plaintiff. All I'm saying is she should get her day in court and it's for a jury to decide what, if any harm she suffered and, what, if any, monetary damages she had. It's hard to make judgments on what should and shouldn't happen in a court case when you don't have any idea what the law is. I can't "step into the real world" and stop "thinking like a lawyer" when it involves a legal issue. That's like asking a doctor to completely disregard his professional knowledge and simple agree with you that whiplash can't be caused by a near-fall, which you merely base on your own assumptions and personal experiences, not any medical or professional knowledge. "

odd wrote on Aug 14, 2006 2:16 PM:

" that ms dehaven had a pre-existing condition from a car accident; that she had been doctoring before her injuries at the gas station; but now wants to sue the station for all her pain and suffering, medical bill and lost wages. this doesn't seem very fair at all. just hope the truth comes out in court. "

wow wrote on Aug 14, 2006 2:15 PM:

" to hairdresser-how does one get whiplash from tripping over a rug? She didn't even fall down according to the report she corrected her fall....well I'll keep this in mind the next time I get a haircut and it's not what I wanted..that could cause me severe emotional damage....and lost wages because I won't be able to go to work with such an awful haircut.... "

sure wrote on Aug 14, 2006 2:04 PM:

" So Law School 101 – are you belittling people who work for a company and they have to walk the company’s mail to the post office??? Maybe I should go ‘stumble’ over a rug at a gas station and then I wouldn’t have to work. Then after I win that case I will go to McDonalds, order a cup of coffee, and spill it on myself. Do you think that will be enough to live on or should I continue to ‘walk the mail to the post office’ for the company I work for????? "

Grow Up wrote on Aug 14, 2006 1:18 PM:

" Dear Law School 101 no a company should not be held responsiable when a customer, does something incorrectly or unsafe such as trying to mix her condiments in her coffee while driving. if she would have caused a wreck, then she could(should) have been sued. if you are not adult enough to know that you should not mix coffee while driving maybe you should be be driving. they even teach that in drivers training that you are supposed to keep you hands on the wheel at all times not mixing, sugar, cream and what ever in your coffee. people need to grow up and quit being so sue happy. "

Dana wrote on Aug 14, 2006 1:11 PM:

" To Coffee - the reason the businesses serve coffee and other like beverages so hot is to accommodate the people that like to drink it hot. These are the same people that complain if it isn't hot. "

Coffee wrote on Aug 14, 2006 12:56 PM:

" About the coffee lawsuit: Why do restaurants serve coffee and hot chocolate at 200 degrees F? You can't drink it for twenty minutes. It's ridiculous. Can someone give me a good reason to serve beverages at such a high temp? "

Pre-existing condition wrote on Aug 14, 2006 12:52 PM:

" Someone mentioned that the plaintiff had a pre-existing condition from a car accident. It seems to me a number of things could aggrevate her injury. What would have happened if she had tripped in her own home? I don't think her case has much of a chance, especially in ND! "

Vic wrote on Aug 14, 2006 12:06 PM:

" Why didn’t the lady with the hot coffee sue the car company for not having a cup holder for her hot coffee? "

wow wrote on Aug 14, 2006 12:01 PM:

" Was this woman running into the store?? If a person was "walking" into the store-and tripped but caught her balance-how in the .... would she get whiplash like injuries??? maybe she's not doing soo well as a hairdresser and needs additional income!! "

Law School 101 wrote on Aug 14, 2006 11:56 AM:

" What do you do for a living? Does it matter? Lets just say that I'm educated in the law and, apparently, you are not. Of course the coffee woman wouldn't sue if it were too cold, she wouldn't have had any damages. That's just a silly comparison. Honest mistakes happen all the time, but that doesn't mean that, because it was an "honest" mistake that you shouldn't be responsible for the damage it causes. I don't think Ms. Dehaven is due a windfall, but I think she is entitled to any compensable damages and injuries for which she is able to prove stemmed directly from the rug incident. It's not for me to decide how much that is, but the point is that her law suit should go forward for that amount to be determined. "

Law School 101 wrote on Aug 14, 2006 11:49 AM:

" Filing a claim with WSI is not the same as "suing" someone, hence my distinction for you with regard to a law suit. Of course you're covered by WSI if you get injured while working, however it's not the same as a lawsuit. So, thanks for the clarification. Also, I'm not in law school. I do not appreciate that you call my comments lame. I could have mentioned that your comments were misinformed, simplistic and demonstrated a complete misunderstanding of the issue, but I restrained myself from doing so. Finally, I don't need a job with Paula's attorney but thanks for the suggestion. I would suggest the same for you if I thought you were in need, but it seems that you are gainfully employed, as you mentioned you have the much sought-after task of taking your company's mail to the post office. Executive VP? "

To Law School 101 wrote on Aug 14, 2006 11:43 AM:

" To Law School 101 – What do you do for a living?? Are you going to law school or are you a lawyer – I sure won’t come to your law office!! Do we not live in a fast pace world where accidents happen everyday. It was an honest mistake about the rug – the gas station didn’t mean to do it – why does Paula think she needs to sue? I think that is why so many people are responding and making comments to this story, it was a mistake. The gas station could have given her one free tank of gas to show they where sorry. I also seen you made a comment about how hot the coffee was – so could the lady have sued if the coffee was to cold because coffee is suppose to be warm/hot. Think about real life for once and not like a lawyer all the time!!! "

To Law School 101 wrote on Aug 14, 2006 11:27 AM:

" To Law School 101 – I am assuming you are not in law school or you would know this. I slipped on the way to the post office. Had a few aches the next day nothing major. Then a few months later we had professional individuals come into the work place to talk about safety issues – that if an employee trips on anything – their fault or not – in or out of the work place but on company time you can put in a workers comp claim. So I KNOW that a workers comp claim and suing the gas station are different but it is on somewhat of the same line. Did the gas station intentionally bunch up the rug so someone would trip – NO, it was an ACCIDENT. I think Paula should be lucky she caught herself before she did fall, she could have broke her arm and then not been able to work since she is a hair dresser. Count your blessings and get on with lift. Got any other lame comments Law School 101– maybe you could get a job with Paula’s attorney!!!! "

Law School 101 wrote on Aug 14, 2006 11:11 AM:

" It's abundantly clear that the concept of reasonableness in terms of standard of care is lost on all of you. And, to the person who slipped on the way to the post office. Again, it's not your company's job to make sure premises other than their own are safe. You'd have to sue the owner of the land where you were walking. And, if it was on a sidewalk, see my post about easements. If it was on the post office's land, it belonged to the federal government and they are also almost always free from liability. Also, rain and snow are acts of god (force major) that can't always be controlled by business owners. A rug is something completely different and entirely within the control of the business owner. You're confusing the issues. "

Catdog wrote on Aug 14, 2006 10:32 AM:

" To Dawn - that's what insurance is for. If you are hurt due to the negligence (or worse) of another you have a claim against them. It certainly gets murky when fault is in dispute. For example, stopped at a stop light and someone barrels into you from behind resulting in serious injury. No question about the fault there. On the other hand, slip on ice when leaving your apartment building at 5:00a.m. after a storm during the previous night. COuld the owner have reasonably been able to prevent the accident? If they weren't negligent there is no liabilty. In other words, it's best to reserve judgment until you know the whole story. "

What???? wrote on Aug 14, 2006 10:31 AM:

" Loved the comment the guy made about having an accident in his pants while waiting for a restroom – very funny. Ok, all you readers out there, how many of you have slipped on the ice/snow in the winter time in North Dakota?? I have a few times actually, and you know what I feel embarrassed because I wasn’t watching while I was walking, or maybe I should of had on better shoes and not dress shoes. My point is I didn’t think of suing the business owner or my workplace since I slipped while walking to the post office with company mail – no, I have the decency of human being to know when an accident is an accident and just leave it at that!! So if Paula wins then the gas station should sue the person who bunched up the rug in the first place, right!!!!! Get a better job or go on assistance Paula. "

Grow Up wrote on Aug 14, 2006 10:11 AM:

" the think with the mcdonalds coffee lady was she went threw the drive threw. put the coffee cup between her legs and tried to put sugar cream what not in it, all the while trying to drive her car. what happend to her, was all her fault. if she would have took the time to stop and fix the coffee before driving this would not have happend to her. when people do stupid things, stupid and bad things happen to them. she got what she deserved what she got. "

josh wrote on Aug 13, 2006 8:49 PM:

" To Ted, I agree the Wal-mart greeters are not hired to straighten out rugs. they just enjoy the company of welcoming the shoppers and giving small children stickers. they are very elderly and could not carry out such a task without breaking a hip themselves. "

Hairdresser wrote on Aug 13, 2006 8:22 PM:

" Nadine: I am a hairdresser and whip lash would keep me from working, Paula is working each day..... check it out for yourself, I never saw her wear a neck collar. Maybe she only wears it when she is not at work! "

Dawn wrote on Aug 13, 2006 2:57 PM:

" Why didn't I think of suing when I was in a car accident (that wasn't my fault. Someone went through a stop sign.)?! Stupid, stupid me- I went to the doctor, took a bunch of x-rays, got signed up for physical therapy, and went to work the very next day. With whiplash, diffused muscle tension in my back and two slipped discs in my spine. What was I thinking?! Or about the time I got a concussion from falling on ice? I should have been more careful, and not talking on my cell phone. Or the time I fell down my apartment stairs because my heels were too high? Should I sued the apartment owners, or the shoe makers? Hmmm...If I sued every time I did something clumsy, man. I'd be richer than Bill Gates. I'd BUY Bill Gates! "

TED wrote on Aug 13, 2006 1:29 PM:

" I think I can guarantee there is no way a Walmart greeter would go out of his way to fix a rug. Why would they run the risk of getting those ridiculous pins stuck in it? "

Just Wondering wrote on Aug 13, 2006 1:17 PM:

" Can this woman who fell on the rug work, if so how can she figure her lost wages for the future......... what time limit is the future. I hope she gets what she deserves...... NOTHING! "

Reassured wrote on Aug 13, 2006 1:15 PM:

" To oh ya, why would you state such a dumb question? If you knew her, you would have known whether or not her doctor gave her a collar for whiplash, after this incident. plus she had a car accident several years ago which this jerking of her body from the rug incident could have aggrevated a pre-exsisting condition from injuries related to her car accident. To Nadine, the light bulb maybe glowing but your not that bright and shining as you think you are. "

Nadine wrote on Aug 13, 2006 11:17 AM:

" Holly cow! People are writing with their heart and not the good sense that was given to them. Lets address a few things.....a hairdresser is on her feet all day, moving and bending. And don't any of you think that there will be medical evidence to support the claim? Matter of fact, they will request 2nd and 3rd opinions. The insurance companies will request it. Plus, do you know this woman or the facts? If you have ever slipped on anything, you know darn well how dangerous it can be. I used to work in a hospital and have seen it first hand. I hope none of you are on the jury and I also hope this never happens to any of you. Have you ever been to Wal-Mart? Do you think those greeters are just saying hello and offering you a cart? I live in a major metropolitan area, the greeters here are also trained to watch for spills, bunched up rugs, trash and whatever anyone can try to fall over and create a lawsuite from. Sam Walton is a very smart man. Now, that McDonalds hot coffee lawsuit, none of you uneducated people know a bit of fact in that case. I know several people involved, that case would never have gotten to where it was had the cofffee not been over the maximum amount of degrees allowed by law, and had McDonalds cleaned this womans suit and had the cover been on the cup tightly. SOOOOOOOO, before you start typing, check out your facts, and more importantly, watch where you walk, in cause people will be typing about how stupid you are some day!! Do you have a throw rug over tile or linoleum in your entry way..............? hummmm "

Business Owner wrote on Aug 13, 2006 8:57 AM:

" Good Luck finding a job after this circus of a trial. "

Business Owner wrote on Aug 13, 2006 8:57 AM:

" Since she decided to go public with this and ask for a trial, her name will be on record as it is now. I would NEVER hire her, because I would always be wondering if she is looking for an accident at her place of employement, and I could not afford her as an employee. "

Youbunchofwhinners wrote on Aug 13, 2006 6:38 AM:

" I hope she gets all she wants from them. this kind of stuff happens daily in other states like Minnesota and California. Welcome to the rest of the world North Dakota. "

Habib wrote on Aug 12, 2006 11:25 PM:

" As I was leaving Subway today, I was harassed by a bee. I would like to know what legal options I may have, if any. "

Law School 101 wrote on Aug 12, 2006 9:22 PM:

" The key is the coffee lady didn't know it was almost to the point of boiling hot, as most coffee is not and it can be assumed you won't receive 3rd degree burns from scalding from a cup of coffee. Was she supposed to test it and burn herself severely that way? It's the reasonable person standard that's applied in tort cases. It is reasonable to assume that coffee will not be that hot and cause injuries that severe. "

Law School 101 wrote on Aug 12, 2006 9:17 PM:

" KS: the owners of the home likely didn't own the sidewalk. A sidewalk is generally an easement granted to the city and they are responsible for its care, so you would have had to sue the city. Most governmental entities are immune from liability. If they owned the sidewalk, you were trespassing and in most cases, they wouldn't be repsonsible for your injuries. A business invites patrons. A homeowner has a lesser duty of care to keep their premises safe because they are a licensee, whereas a business is considered an invitee and has a greater duty. Bad example for this forum. "

KS wrote on Aug 12, 2006 3:20 PM:

" A few years ago when I tripped over an uneven sidewalk, my first thought wasn't to sue the owners of the sidewalk, it was "Oh, God, I hope someone didn't see clumbsy me fall because I wasn't watching where my feet were going." To each his own! "

oh ya wrote on Aug 12, 2006 2:30 PM:

" why would she doctor for her injuries before she gets hurt? "

Reassured wrote on Aug 12, 2006 1:49 PM:

" Relax people! This case will not make it, trust me. She obviously turned down the out court settlement offer or this case wouldn't be going to trial, and now if she is granted anything it will be less then the out of court offer would have been. Greed gets you no where. I say this case will be dimissed without prejudice.Usually when you have "whiplash" you wear a neck collar, guess her doctor forgot to give her one? "

Ouch: wrote on Aug 12, 2006 1:03 PM:

" Darn it anyway. As I was beginning to type my post, I broke a fingernail on the keyboard. I am going to file suit against the keyboard manufacturer. As I type my post, I feel I'm getting a stiff neck and sore back. I'm thinking of sueing the company that sold me the computer chair. As an interesting piece of news comes across the TV, I get whiplash as I have to turn the chair quickly so I don't miss the news. I guess I'll have to sue the contractor that built my house because my living room is too big. Do you think someone is getting the hint? Ouch, I just broke another nail!!!! "

MAS wrote on Aug 12, 2006 12:32 PM:

" This is crazy, very amusing to read. I hope Ms. Dehaven has a computer so she can read all these comments and realizes how stupid it is to sue over this. I hope the judge tells her to pick up her feet, and she gets NOTHING!!!!!!!It cost thirty dollars to go to the chiropractor to get adjusted "

to 'disturbed in bis' wrote on Aug 12, 2006 11:30 AM:

" she fell on april 20 but has been doctoring for 2 years for her injuries? what's wrong with this picture? "

Christy wrote on Aug 12, 2006 10:08 AM:

" To easy money, what happens when someone is walking down the sidewalk in front of your house, trips on say a stick or something, falls and breaks their wrist and sue's you for all you've got. How would you like the game then? People have gotten so out of hand, it's easy to see why our society is deteriorating as fast as it is. I consider it my responsibily to watch where I'm going, and if I end up tripping on a bunched up rug and flailing around before catching my balance, I'll feel like an idiot yes, but sue someone else for my failure to watch where I'm going? I don't think so. I prefer to earn my money the honest way as apposed to getting rich the greedy way. It's a character thing. "

TED wrote on Aug 12, 2006 4:28 AM:

" I thought the hot coffee lawsuit was bad. This is even worse. "

Jimbo wrote on Aug 12, 2006 3:58 AM:

" Name 3 businesses that tape down their rugs! "

dah wrote on Aug 11, 2006 9:48 PM:

" merlin; if you are dumb enough to put a cup of boiling coffee between your legs and drive...........suffer. but this article is about a lady who stumbled over a bunched rug and didn't even fall but claims whiplash. lets see where I can get something for nothing "

disturbed in bis. wrote on Aug 11, 2006 9:15 PM:

" Does any body have any idea what it is like to stumble over a rug, lose your balance, pull major muscles and also get whip lash, well laugh, because some day it could happen to you!!Do you think that Paula wanted to spend the last 2 years doctoring!!Miss work, lose her income.. Get a life and MIND YOUR OWN BUSINESS!! Many business's tape down their rugs!! Get the Hint!! "

GrandmaG wrote on Aug 11, 2006 9:04 PM:

" Mmmmmm....hairdresser? Would she be blonde by any chance? Whatever the color of her roots, she should do what my mom always used to say when we were clumsy, "PICK UP YOUR FEET!" "

Merlin wrote on Aug 11, 2006 8:06 PM:

" Next time you're in your car, let me give you a styrafoam cup of boiling water and have you drive down the street trying to drink it and see how successful you are in being responsible enough not to injure yourself with the boiling cup of water. "

Sarah7 wrote on Aug 11, 2006 7:26 PM:

" I have tripped on things many a time going into places and my first thought was never "I should sue them." Who could be that greedy. I think that says something about this woman's character. Not only that, but $50,000????? If it wasn't so incredibly sad I would be rolling on the floor laughing. "

Jimbo wrote on Aug 11, 2006 4:30 PM:

" This is just as bad as the hot coffee case! Coffee is supposed to be hot! "

LJ wrote on Aug 11, 2006 3:09 PM:

" to go with my previous comment---- people who don't want to work, that's who trips on rugs and gets whiplash! "

LJ wrote on Aug 11, 2006 3:04 PM:

" who gets whiplash tripping on a rug? People who want to make money! lol "

to a joke wrote on Aug 11, 2006 2:58 PM:

" there are people who live for freebies, suing others, or any other way they can get money by sitting on their behinds and doing nothing. "

A joke wrote on Aug 11, 2006 2:44 PM:

" I think Easy Money's yanking your chains. Well played, easy money, well played. "

unbeleivable wrote on Aug 11, 2006 2:26 PM:

" to easy money; do you not look where you walk? there is no way one person can continue to get injured over and over again without learning a lesson. maybe you should have everything delivered to your home to avoid further injuries when entering a business. "

easy money wrote on Aug 11, 2006 1:53 PM:

" To Unbelievable: In everyone of my cases I have sustained serious enough injuries that a jury found in necessary to give me a settlement. It's not my fault that some stores forget to put up the "wet floor" sign after they mop. So as they say, don't hate the player, hate the game. "

Online Editor wrote on Aug 11, 2006 1:49 PM:

" To Easy Money - I agree. "

Online Editor wrote on Aug 11, 2006 1:47 PM:

" To Easy Money - Sorry, I don't think so. "

unbeleivable wrote on Aug 11, 2006 1:43 PM:

" WHAT?? someone is actually bragging about collecting on a number of occasions when injured when entering or exiting a business!!! are you clumsy or just good at faking? you should be so ashamed of yourself. you are getting rich and the rest of us are paying for it by increased insurance premiums and increased prices these business need to charge to cover their losses. SICK "

to easy money wrote on Aug 11, 2006 1:30 PM:

" I beg to differ on your last comment. if you are so blasted proud of what you are doing; you would tell the world who you are. "

b wrote on Aug 11, 2006 1:14 PM:

" to Curtis S...her weight has nothing to do with this .... she tripped and got hurt.. the station was in fault for not being careful for its rugs.. "

easy money wrote on Aug 11, 2006 1:12 PM:

" Now, Now chuck, I may be rich but I am not stupid!!!!!!!!!!!!!!!!!!! "

c wrote on Aug 11, 2006 1:11 PM:

" hot coffee or rug ... if it is thrie fault ...I say go for it "

Chuck wrote on Aug 11, 2006 1:03 PM:

" To easy money – your name is? "

Hot Lunch wrote on Aug 11, 2006 12:58 PM:

" I guess if its ok to sue for drinking hot coffee then it is ok to sue for tripping on a rug. "

easy money wrote on Aug 11, 2006 12:52 PM:

" I have discovered that lawsuits can be a good way to make a living as long as you are suing for legitamate purposes. In the past 10 years I have been awarded a number of settlements for injuries that I have sustained while entering or exiting a business. I say good for you Paula. You get all the money you can. I don't let it bother me that greed is one of the seven deadly sins and you shouln't either. "

Curits S wrote on Aug 11, 2006 11:51 AM:

" To get whiplash a person would have to have a large amount of force to the body. How much does Paula weigh in order for her to hurt herself and not fall? I myself am over weight and I know that I am not as agile as I was when I was thinner. "

does anyone know wrote on Aug 11, 2006 10:41 AM:

" when this goes to court? "

Bob S wrote on Aug 11, 2006 10:04 AM:

" The old lady that held the coffee between her legs while she was in the car. When was the last time you put a cup of hot liquid between your legs? Or would you? The juries in our courts consist of the people in our communities. This issue just goes to show us how dumb some of the people in our community - to award a person for their stupidity. "

We The People wrote on Aug 11, 2006 12:00 AM:

" We all take risks as being business/home owners. I think the vast majority of us try to keep them as safe as possible to prevent such accidents like this to advoid a lawsuit. at times we may not be able to prevent them. We all have the right to our own opinion on this issue, but we are not the judge nor are we the jury in this case. In regards I think they will make the right decision in this case for us all. "

You know... wrote on Aug 10, 2006 11:12 PM:

" Some people are forgetting that she didn't actually "fall" down, she just tripped. If she tripped and went flying into a shelf or actually hit the floor the lawsuit might not seem so silly. I hope there was a security camera that can show what actually happened. If the rug was truly to blame and there was absolutely no way she could work, then and only then should her bills and lost wages be paid. As for pain and suffering, how can you even put a reasonable price on that? How can anyone say "my pain is worth...fill in the number"? that's what is so ridiculous. If she was just suing for medical bills and lost wages this would probably not even have made it into the newspaper. "

Pasadena Mudslide wrote on Aug 10, 2006 11:04 PM:

" This is almost as ridiculous as the person who sued over the hot coffee. "

Ole wrote on Aug 10, 2006 6:55 PM:

" Easy doggie, I was just making a joke...whew...live life and prosper! "

Gardog wrote on Aug 10, 2006 6:10 PM:

" To Ole: Yes, Ole, you can blame anyone you want for all of the problems of society. If there is anything which seems to make the majority of blog writers happy, on every blog from every state and country that I have seen, and on every topic, it is to blame someone for whatever is wrong. Blame the person who sued, blame the lawyer, blame the judge, the courts, the politicians who pass the laws, the insurance companies, the oil companies, the guy down the street, or anyone else. And while you're at it, blame the programmers, the computers, and all those other guys who posted comments, too! Go for it! It's simple, easy, and helps make the day go by. In the meantime, the case in point will be making its way through the courts, where a judge, and possibly a jury, will figure it out, and do whatever they decide the law requires. Personally, I am willing to bet that the plaintiff gets nothing, since that is the most likely outcome, and much less than the claimed damages if she does get anything. Either way, it is fortunate that whatever she does get, it will have been decided by a group of people who will have examined all of the evidence presented, and who will have considered all of the laws cited in the arguments presented. And BTW, I agree it is good to not sue if you haven't really suffered a damage. I also straighten rugs, pick up hazardous things left on floors, and point out potential hazards to employees in businesses. Sadly, I have noticed that some of those hazards get left in place for days, weeks, or even months before they are fixed. There are some business owners who don't seem, in my opinion, to take enough care to make their businesses safe for people who come in. That's why we have a method for people who are harmed by actual negligence to recover, for the cases where someone did not put in the effort to or resources to provide safe conditions. It's certainly not the majority of business owners, if for no other reason than that most business owners are not stupid enough to leave themselves open to being sued for something they could prevent, but it does still happen, so we still need a way to deal with the cases when it does happen. "

inpain wrote on Aug 10, 2006 3:40 PM:

" As a Hairdresser, this person should know that all the symtoms of whiplash are associated with the business!Chances are that if she has actually been a stylist for any amount of time, she had the problems anyway. If the other side is smart they will fight this point to the end. I am a stylist myself who has had back pain for years. If we as stylist decided to sue every time something made our back hurt more, we'd never have to work again!It' s part of our life, get used to it, get a good doctor, chiropractor, and massage therapist and suck it up! "

t wrote on Aug 10, 2006 3:18 PM:

" if you owe a business... it is up to you to do something about the ice and snow... and if someone falls. you are responsible, just like you are for your rugs ... if someone falls on the ice ... the owner should take care of the medical. "

an amused reader wrote on Aug 10, 2006 3:07 PM:

" No wonder Gene had a heart attack and passed away, having to deal with this. There are some very valid points in these entries, but come on. If everyone sued for every little thing where would any business be....out of business or so overpriced no one would be able to buy anything anywhere. It still boils down to being responsible for your own actions. I have walked in to numerous business places in this town, and ALOT of them have rugs and many times they have been bunched up. Watch where you are walking. I have many a time straightened these rugs out so as the next clumsy person coming in the door does not trip and fall. I myself have tripped over my own feet on a rug a time or two and sueing the business owner is the last thing I would do. In fact, at one business place, they did not do anything about the ice on their sidewalk and trying to be careful, I still biffed it and landed on my watusi. I spent the next 2 months going to the chiropractor once or twice a week to deal with the lower back and hip problem it created. Did I sue? No. Did I have them pay my medical bills? No. I paid them and did not have health insurance at the time. Did I mention something to the business owner to take care of the ice? yes, so as no one else would fall. So again, if everyone who had this kind of incident sued for every little thing, we would run business' out of business. Be responsible for yourself and watch where you are going. If you were walking on the rocks on a shoreline and fell and broke a leg, would the lake be responsible? Sometimes I think it is all about the morals that a person has, and by the way, not everyone deserves a free ride and not everything is everyones else's fault. I see so many people who refuse to be responsible for their own actions because nothing is ever their fault, it is always someone else's. Well karma is a mofo. What comes around goes around. Just remember, some day someone may be walking up some sue happy person's sidewalk and may trip over an imaginary crack and sue that person for medical injuries. When his property/house insurance sky rockets because of it, that person will eat his next lawsuit in progress. Don't mean to offend anyone, just a personal opinion from someone who has been the cashier behind one of those counters (and believe me, there are alot of people out there who like to blame business' for anything they can think of) and also been the customer in a lot of those gas station businesses. And by the way, as for the gas station owners sticking it to us on the gas prices, I have been on that side of the fence and the gas station owner usually never makes more that 20 cents per gallon on gas, most times it is a lot less. Your oil companies are the ones that reap the profits, and as a matter of fact if anyone listened to the national news in the last week, they actually gave the break down of who makes the most on a gallon of gas. The oil companies make about 1.50-1.75 per gallon and the station owner is the one who makes the least amount of profit. And 2, if Gene were sticking it to us by having such high prices, how come his stores have had the cheapest price on cigarettes for so long? That is the money maker in a gas station, not gas, and his prices where always lower than anyone else's. Good business move on his part because he knows how to draw the customer in. Where else can you buy fountain pop for 1 cent an ounce? By the way, I was not a friend of Gene's and am not sticking up for him for friendly reasons, just had a little bit of respect for his business practices. What other gas stations do you pull into at 5:00 in the morning and the 70 yr old owner was out shoveling snow off of their lot? "

Incredulous wrote on Aug 10, 2006 2:51 PM:

" It's not an opinion, it's a fact and, yes, it drives me crazy when people don't know all the facts before they comment. RodM, sorry I didn't pick up your humor. In light of the other comments on this blog, it didn't seem outrageous enough to be humorous. "

YAYAYA wrote on Aug 10, 2006 2:31 PM:

" I HOPE SHE WINS!!!!! I WOULD GO FOR MORE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! "

RodM wrote on Aug 10, 2006 1:51 PM:

" Gee Incredulous, thanks for enlightening me on the economics of gas station owners. Chill out, I was trying to be humorous here....Just know you are always wrong and everybody else is right. "

to incredulous: wrote on Aug 10, 2006 1:45 PM:

" You just can't stand it when somebody comments on this story that doesn't agree with your opinion, can you? Give it a rest....... "

Jury Pool wrote on Aug 10, 2006 1:39 PM:

" I'd love to be on that jury. On second thought, maybe not so much...I'd be held in contempt every time I'd snicker or giggle or cover an expletive with a fake sneeze. I hate "Jackpot Justice" types like this. "

Incredulous wrote on Aug 10, 2006 1:14 PM:

" It's not the gas station owner that profits from the high gas prices. His margin is generally the same, no matter how high gas prices are. So, I don't think it's about "sticking it to" anyone. If she was truly injured and slipped and fell leaving a thrift store that sells items to low-income families, she'd still have the right to sue, and should, if necessary to recover from her injuries. "

RodM wrote on Aug 10, 2006 12:58 PM:

" Why are people upset that she is suing the GAS STATION? Yes, it is disgraceful that she is blaming her own clumsiness on the owners, but they are GAS STATION OWNERS. I hope she wins her lawsuit, sticking it to the GAS STATION OWNER who loves to stick it to us, but then loses all the money she wins buying lottery tickets or something. Justice both ways!! "

to puzzled wrote on Aug 10, 2006 12:23 PM:

" she might lose more than that after people read this story and decide to go elsewhere for someone to cut/color/do their hair. "

Icredulous wrote on Aug 10, 2006 11:33 AM:

" Being unhappy with your haircut is completely different than being injured at a business, so you can't equate your "restraint" in not suing after a trip to the salon with Ms. Dehaven's fall and injury. "

puzzled wrote on Aug 10, 2006 11:05 AM:

" how does one come up with $1582.06 for lost wages and "future" lost wages? how does she know down the penny how much she will lose in wages? "

tryn my hare out wrote on Aug 10, 2006 10:08 AM:

" If anyone is subject to lawsuits, it is a hair dresser - I've had numerous hair raising experiences in a beauty salon and didn't sue. Think of that before yu call your lawyer. "

hmmmm wrote on Aug 10, 2006 9:05 AM:

" I will have to agree with mike r. he stated the facts. "

to incredulous wrote on Aug 10, 2006 9:00 AM:

" there is no envy here. knowing her just explains the situation better. "

Coffee sipper wrote on Aug 10, 2006 8:53 AM:

" In the McDonald's case the hot was much hotter than it should have been. You don't hand somebody a boiling cup of coffee. With a drive thru it is also foreseeable that the purchaser will consume the coffee while driving. Anyway, nobody ever mentions that the award in that case was overturned on appeal. Most sensational awards you hear about are appealed and many are settled prior to the hearing on the appeal. "

Johnny C wrote on Aug 10, 2006 8:36 AM:

" Iam not able to make as much money as businesses like this. Cause the 'MAN' is keeping me down. This is the only way we brothers can make a buck. Cause the 'MAN' is always on our back and in our pockets. "

Dizzy wrote on Aug 10, 2006 8:36 AM:

" What is this world coming to...It's so unbeleievable that all people think about is suing...you are the ones that make our society the way it is today... just in it for a fast buck, no one owes you anything, you need to take responsibility, just think one day the shoe could be on the other foot, then what???? "

Mike R wrote on Aug 10, 2006 3:41 AM:

" I enjoyed this reading - the stupidity in our country today. I have fallen and ended up at the chiropractor before, and not for one split second did I think to sue. Those of you that think this is a legitimate case should post your real names that way we all know to watch out for you as you must be a sue happy person also. I really enjoy those of you who make the comment on the McDonalds case about reading the facts first before deciding that was frivilous. I don't care how how the coffe was. That lady was trying to drink her coffee and drive at the same time and she (all by herself) splilled it in her lap. Those are the facts and that lawsuit was frivilous. How many other people that day got that same hot coffee and didn't injure themselves with it? That should tell you something. "

donkey punch wrote on Aug 9, 2006 11:17 PM:

" What if there is some sort of medical finding from the hospital that the woman suffered a legitimate injury? Is the rug on video camera to see how long it was bunched up? Answers to these questions could help us settle this nonsense. "

Incredulous wrote on Aug 9, 2006 9:59 PM:

" Oh, I don't know, perhaps the fact that you didn't identify in your message that you knew her and that your cruel remarks were based on personal knowledge, as opposed to off-the-cuff remarks that barely mask your envy of others. "

to incredulous wrote on Aug 9, 2006 9:14 PM:

" and what makes you think we don't know paula?? some of us do. and this story does not surprise us. "

Ole wrote on Aug 9, 2006 9:00 PM:

" Gardog: So does this mean we can blame all the problems with society on lawyers as well as computer programmers??? I mean if you are so much alike... "

Amazed wrote on Aug 9, 2006 6:42 PM:

" Unbelievable!!!! I can't believe what some people will stoop to for greed. "

Incredulous wrote on Aug 9, 2006 6:24 PM:

" To Dirty Sanchez: I don't believe I'm the one who took this forum from civilized to uncivilized. People have been referring to this woman, or suggesting at least, that perhaps she's mentally challenged, blind, terrible at her job, stupid, clumsy, greedy, irresponsible, a low-life, etc. Calling people ignorant isn't nearly as insulting as calling them stupid or any of the multitude of other things you've called Ms. Dehaven. I think it's arrogant of all of you that have taken cheap shots at Ms. Dehaven without knowing anything about her or her situation. But, alas, I'd rather be arrogant than ignorant. "

Gardog wrote on Aug 9, 2006 5:20 PM:

" To Sounds Like: Nope, I'm not a lawyer, and I don't make any money from lawsuits. I'm a computer programmer. Law and programming are similar in a way, because they both involve looking at things which seem simple but are actually complex, and then trying to figure out how to make them simple again. The important part of both is to not overlook the complexity. It's faster to get a programming job done by ignoring the details, but you tend to get programs which don't work very well. The same thing applies to legal decisions, and to public policy. That's another way of looking at why we have courts. With courts, we can give someone the responsibility to take the time to actually check out the facts, rather than glancing at a newspaper article and then leaping to a conclusion. "

Online Editor wrote on Aug 9, 2006 4:13 PM:

" To Lawrence: send your email address and I will answer your question. Your address will not be posted. "

it's been fun wrote on Aug 9, 2006 4:01 PM:

" I want to thank all of you for making my afternoon more enjoyable. Some of your comments actually made me laugh out loud (ice fishing, thinking she's a blind hairdresser, no one said she was a successful hairdressr, etc.). Of course, there were those that were just plain ignorant, but all-in-all, interesting reading! "

sounds like wrote on Aug 9, 2006 3:40 PM:

" gardog must be a lawyer and he likes these law suits.........they help to fill a lawyer's pocket. "

Gardog wrote on Aug 9, 2006 2:40 PM:

" The reason we have equity courts, judges, lawyers, investigators, underwriters, actuaries, adjusters and the like is because some people make mistakes, sometimes someone suffers harm from the mistake, and then someone has to figure out who is responsible. As so many have said, it is often easy to see when something happens to you that it is your own fault, for being inattentive or whatever. At the same time, there are legitimate cases where the mistake was made by someone else, and you suffer the harm. Some examples: a new television set explodes in a living room, causing a person watching it to be blinded by flying glass; a ski lift malfunctiions, causing a girl riding the lift to have her leg cut off; a section of highway collapses in an earthquake, crushing everyone underneath; a bridge collapses, killing hundreds. These are major accidents, with horrendous consequences, sometimes for many people, but even in those cases it was difficult to determine just who was at fault, and whether their fault was unfoseeable, or negligently careless. So, do we throw out the whole concept of courts, because sometimes the one who was sued wasn't really at fault? Do we only limit the ability to bring a suit to cases where it is really obvious who was at fault? As soon as someone comes up with a way of filtering the cases so that only the ones where the plaintiff really deserves a settlement are allowed into court, then we won't need courts any more. But the current system is set up to make reasonably sure that all the cases where a defendent really was negligent will get into court. The bias is to make sure that someone who was injured by negligence is not shut out of the process. That is deliberate. Part of the cost of keeping this system open is that some cases get into court where the defendent really is not a fault. Until we all become divinely omniscient, that's part of the cost of trying to be fair. "

Stefan wrote on Aug 9, 2006 2:19 PM:

" Maybe the gas station should sue her for clumsiness. "

GusGus wrote on Aug 9, 2006 1:46 PM:

" Daryl was that you talking or was that your other brother Daryl?You dont sue just because someone has more money than you.One person is just as capable of making as much as the next one. "

To Mike wrote on Aug 9, 2006 1:31 PM:

" $50,000 is what was claimed in the complaint. It is not likely what a jury would award or what a settlment would be. Complaints often state the highest amount of damages it can. "

Katie wrote on Aug 9, 2006 12:47 PM:

" Watch where you are walking, seriously! "

Online Editor wrote on Aug 9, 2006 12:03 PM:

" To Dustin: send your email address, it won't be posted, and I will respond to your question. "

lawyer wrote on Aug 9, 2006 11:39 AM:

" Hey Pula, I'm a laywer and I will take the case for only 20% of what we are awarded. "

Mike wrote on Aug 9, 2006 11:23 AM:

" I would agree she should get paid for lost wages and the treatment for her injury, but not 50,000 for pain and suffering, that is ridiculous. I will be going through some emotional pain and suffering if my dog dies of old age in a few years, I think I will make plans to sue the pet store for selling me the pet in the first place. If it wasn't for them making this dog available to me to purchase in the first place, I wouldn't be going through the emotional pain and suffering "

Tori wrote on Aug 9, 2006 11:20 AM:

" I worked at a motel in town a few years back, a lady in the middle of the WINTER was wearing flip flops...she pushed open the front door and then stood talking to her friend...the door came back and closed while whe stood standing ignoring the door as it came back to shut(as doors do) she just stood there as the door came back and hit her foot...the bottom of door caught her flip flops and tore one of her toe nales off...she made a big deal about it, went to the emergency room, then sued our motel for HER negligence...she won! This is just another example how our justice system rewards for stupidity. "

JD wrote on Aug 9, 2006 11:19 AM:

" You are comparing apples to oranges. You were likely the negligent one because I am sure you stepped to close. Also, in an amusement ride situation, you have assumed the risk of injury. This is a differnt situation. "

Older Person wrote on Aug 9, 2006 10:32 AM:

" Whenever I enter a place and see a rug bunched up, I take a few seconds and straigten it out. I want to be neighborly and prevent someone from falling. I know this doesn't apply to the lawsuit but I just want to remind people to help prevent accidents. "

Baby Troll wrote on Aug 9, 2006 10:24 AM:

" I think people need to get the whole story before they start to make judgements. The lady who sued McDonalds for the hot coffee incident, Scalded herself. The coffee's temperature was set way too high and in fact McDonalds was negligent of this. A business has to ensure the safety of its patrons. What if in this case, the rug was so bunched up and the clerk did see have an eye view to see it and didnt do anything about it. What happens if the rug is old and should have been replaced? "

JD wrote on Aug 9, 2006 8:46 AM:

" This weekend I was getting off the Ferris Wheel at the park in town. While getting off the ride, I stood up too soon and bumbed my head on the next carriage. I got a headache and a stiff neck. They asked if I was ok, and I said, "yes, I should have been more careful" and I walked away. I am not going to sue for my own stupidity. It would just make me look like an idiot and reflect negatively on my family. Guess what? I will never hit my head on a ferris wheel again. I learned my lesson, and rode the ferris wheel 3 more times that day. "

dirty sanchez wrote on Aug 8, 2006 10:54 PM:

" Incredulous - we are having a civilized forum here. Declaring all the other opinions except for the one you agree with "ignorant or snarky" seems like an arrogant statement to me, perhaps even ignorant on your part. Certainly serious injury caused by blatant negligence will not be overlooked by a jury of our peers, but the system is not immune to abuse, either. I believe all respondents to this story make valid points to consider, including come on and yourself. Barney - not all people are idiots, despite the wisdom of Paul Harvey. Ryan424 - your statement seems to contradict itself somehow. Bunker - I assume you are attempting some sort of pun, I'm sorry to say I am not understanding it. "

Incredulous wrote on Aug 8, 2006 9:52 PM:

" Read the facts of the hot coffee case before you say that it was frivolous. You need to look at the types of injuries these people have suffered before you determine whether it's "frivolous" or not. If you've slipped and fallen, be thankful it didn't result in time lost at work and medical bills. Come on is right, as an invitee, a business has a higher standard of care when it comes to keeping their premises safe and that is for the benefit of all of us. These snarky comments really make me reevaluate the whole idea of a jury system. I wouldn't want any of you on a jury if I were seriously injured. Except for you, Come on. Of course, you'd never get picked, you aren't ignorant enough. "

to bunker wrote on Aug 8, 2006 9:05 PM:

" don't fall in the ice hole. don't need any lawsuit. "

ryanm424 wrote on Aug 8, 2006 8:30 PM:

" These days anyone will try to stick someone else in the back given the opportunity. She should go for the big payday while she still has the chance. At least its not something frivolous like hot coffee. "

Bunker wrote on Aug 8, 2006 4:01 PM:

" I think I'll go ice fishing this weekend. Any good reports out there? "

sums it up wrote on Aug 8, 2006 3:09 PM:

" tim said it like it is!! "

Barney wrote on Aug 8, 2006 2:53 PM:

" Like Paul Harvey says - People are idiots!!! "

ABC wrote on Aug 8, 2006 2:43 PM:

" To Tim - I like how you think. An accident is an accident & I can see how some people would dream of a issue like this and how they could profit from it. "

my opinion wrote on Aug 8, 2006 2:13 PM:

" insurance premiums go up; merchandise prices go up and partly due to people like this who 'sue' for such ridiculous things. LIFT YOUR FEET, WOMAN "

To Larry and Dana wrote on Aug 8, 2006 2:02 PM:

" No one said she was a successful hairdresser. "

Watch out Bismarck Tribune!!! wrote on Aug 8, 2006 1:47 PM:

" You may get sued too! You are posting all these negative comments for her potential customers to see, therefore she might have a loss of income, pain and suffering and defamation of character suit!! Ha Ha! "

Daryl wrote on Aug 8, 2006 12:31 PM:

" To CODY: Gas prices will go up! This lawsuit is not going to effect the price of fuel. Thats on a federal level. Instead you might pay more for your snacks, and pop etc.. They use every excuse to raise gas. Blame it on the weather,War, Etc.. Its all a sham to so the oil, gas companies make big profits and line their pockets and stick it to the consumer. "

Shocked wrote on Aug 8, 2006 12:22 PM:

" I can't believe the extremes people go to these days. How many of us have slipped on a wet floor or tripped on a rug in a gas station? I know I have many times. If you can't see that a carpet is bunched up...its YOUR FAULT. Whiplash. Whatever. GET A LIFE LADY! If this lawsuit goes through, I will be amazed and disappointed. And of course Ralph Vinje is the one representing her. Does that surprise anyone? LOL "

Arizona Alex wrote on Aug 8, 2006 11:22 AM:

" there are so many people out there that are looking for a fast buck. I know of several myself - some are even related to me. Their eyes are wide open and they are looking, not for a rug to avoid, but for a bunched up rug to trip on and go to court. Vinje just waits for these kind of rats, as he makes a good living with them "

Larry wrote on Aug 8, 2006 10:35 AM:

" To Oops I tripped – read the notes from Dana. Scissors next to your eyes, ears and hair – really would you want to sit in this gal’s hairdresser’s chair if she is blind or mentally challenged? "

Oops I tripped wrote on Aug 8, 2006 10:22 AM:

" to 'To Cody', wrote on August 08, 2006 9:10 AM:"The story doesn't specify whether this woman is blind or mentally challenged. You are assuming that because she is a hairdresser, she is neither. We need more information to make this determination." How do YOU know she isn't the above? "

Tim wrote on Aug 8, 2006 9:58 AM:

" If I had to go to the restroom and it he restrooms were occupied and I ended up having an accident in my pants – could I sue the store for not have additional restrooms? Can I sue for embarrassment, soiled clothing, public humiliation and pain & suffering? I might be mentally disturbed for a long time if this happened. The store cause for me to have an accident by not providing enough restrooms for their customers. Ralph Vinje would you take this case? "

Nathaniel wrote on Aug 8, 2006 9:50 AM:

" My child and I have been out a few times in a store where the cup of water we are carrying spills on the floor. We will always try to find something to clean up the water or go get someone or something to get the mess cleaned up. But while we are getting someone to clean up the mess – someone walks through the water on the floor and falls – who is at fault? The store? The customer? The business people can not be everywhere at all times. Will the store get sued? Will I or my child get sued for not cleaning up the mess before leaving the area or for not having something to clean up the mess with us? Would we get soued for bringing in a cup of water? It is an accident. Accidents are not planned they just happen. They are not done on purposes just to hurt someone. This lady could have made different choices and she didn’t. "

Dana wrote on Aug 8, 2006 9:39 AM:

" Would you want a hairdresser with scissors in her hand cutting your hair if she was blind or mentally challenged? I would not think she would have any clients. "

To Cody wrote on Aug 8, 2006 9:10 AM:

" The story doesn't specify whether this woman is blind or mentally challenged. You are assuming that because she is a hairdresser, she is neither. We need more information to make this determination. "

noone wrote on Aug 8, 2006 8:51 AM:

" what would have happned if the store was out of toilet paper? "

Cody wrote on Aug 8, 2006 8:44 AM:

" To Daryl - enjoy the increasing cost of your gas. Because of lawsuits like this, your gas prices will go up to cover them. People need to start taking responsibility for their actions. She should have known that a bunched up rug was a potential risk if she walked across it unless she was blind or mentally challenged. She is a hairdresser in Bismarck so these reasons would not be acceptable for her not seeing the rug or realizing the risk a bunched up rug. She is capable of finding an attorney so she is smart enough to had made some other choices when entering the door – see the notes from WOW!!! "

Come on wrote on Aug 8, 2006 8:40 AM:

" You are all being a bit ignorant. As a business owner, that store had the obligation to keep the premisis safe for all the customers. In other words, they had an increased duty (as compared to normal households) to protect. If this woman saw the carpet, then the jury will be able to asign her some of the fault. However, the business owner might be assigned some too. For example, it could be that she gets 50K, but she is 80% at fault and the store 20% at fault. The store (or its insurer) will only pay $10,000. In reality, the case will likely get dismissed or settle. "

CAT wrote on Aug 8, 2006 8:31 AM:

" Just because someone/business has money does not grant a reason to sue them. "

Daryl wrote on Aug 7, 2006 11:43 PM:

" You people that are responding saying you wouldn't sue if this happened to me. I bet you would sue. If you were at a place of business and you slipped and fell. Or got injured. You say you wouldn't. There would be a lawsuit depending on the injury. Sure I tripped and fell at a store in the winter time cause the employee didn't put salt out or shovel. I said a few cuss words and got back up. but I didn't run to a doc and try to sue. But if I was injured to the point where I couldn't work and needed medical attention. you darn right I would collect from the place of business. $50,000 is nothing for the station owner. He owns enough stations in this town. plus he pays insurance to cover against neglegence. So Its not like she's suing for a big payday to buy a luxery home and a fancy vehicle. She suing for comepensation of medical expenses and lost wages. And even if the Tesoro Company has to pay. Which I doubt. That $50,000 is 50 cents to them. and to the person that said I should be ashamed of myself. IAM NOT! I could care less how big the company is. Its the gas station owner being sued not the Tesoro Company. He's franchising with Tesoro. The company has no ties to this lawsuit. "

maybe wrote on Aug 7, 2006 6:45 PM:

" It might be the fault of the previous person who walked in/out the very same door that bunched up the rug. maybe they should be held accountable also--they would be more responsible than the station. the problem is ---some lawyer actually took this case! and even if she loses, someone has to pay the legal costs to defend themselves. "

karma wrote on Aug 7, 2006 4:02 PM:

" This woman may have been injured but that doesn't mean this isn't a frivilous lawsuit. Accidents happen and there is no way we can avoid all of them, and we can't sue for everything. It makes me sick how people think they can sue for everything. I would never sue like this. I would be a person of integrity and have the good sense to know that accidents happen, period. The really bad thing is, karma happens. What comes around goes around and when you act like this, you're bound to get yours at some point in time. "

WOW!!! wrote on Aug 7, 2006 3:41 PM:

" When walking through this door – Paula noticed the bunched up rug – why in the heck did she choose to walk over this rug knowing that a bunched up rug is not a proper way for a rug to lay? She could have straightened the rug, yelled for an employee to straighten the rug, walk around the rug or go in the other door. This lawsuit is poor excuse for this person not making a better choice for herself. Maybe she messed up the rug and then walked across it. Maybe the last person using the entrance and crossing this rug messed up the rug before she entered this area, which would not give time for anyone to correct the situation. Maybe the employees/manager/owner of the store were busy at the time and did not see the rug was bunched up. What are businesses to hire door people to just straighten rugs as people don’t trip? If there was no rug there that a person will complain that the floor was slippery, gritty, or sticky. As a customer we have a certain responsibility for our self. Accidents happen but we need to start taking responsibility for our self instead of blaming others for what we do. "

well wrote on Aug 7, 2006 2:41 PM:

" yes, business owners do carry insurance for injury accidents. but it is crap like this that makes our premiums keep going up. the greed of some people!!!!!!!!! "

Incredulous wrote on Aug 7, 2006 2:22 PM:

" I just re-read my post and realized it could have been read as being directed to Ms. Dehaven. It was meant to be directed at everyone posting on here that is envious of Ms. Dehaven's potential judgment. "

LM wrote on Aug 7, 2006 1:45 PM:

" I like the line in the story, "Vinje did not know Dehaven's age. She is a hairdresser, he said." Does that mean it is hard to tell a hairdresser's age? Does being a hairdresser somehow substitute for age in the information gathering process? When he asked her age, did she answer, "I am a hairdresser." Inquiring minds want to know! "

Re subrogation wrote on Aug 7, 2006 1:40 PM:

" That is an interesting theory. However, if she had insurance, wouldn't the insurance company go after the damages? Otherwise, she could take the money and run. "

To ??? wrote on Aug 7, 2006 1:37 PM:

" Business owners usually have insurance to cover these kinds of suits. "

??? TO B&J wrote on Aug 7, 2006 12:33 PM:

" So who would actually pay if it came down to it, the local owners of B&J or Tesoro Corporation???? Looks to me like Paula's business will dwindle as more and more people read about this. "

TO DARYL wrote on Aug 7, 2006 12:31 PM:

" Daryl, so you are ok with sueing for $50,000, just because it's Tesoro and they are a big company, with enough money to pay for it? You should be ashamed of yourself. "

Can you spell s-u-b-r-o-g-a-t-i-o-n? wrote on Aug 7, 2006 12:23 PM:

" Keep something in mind while you are bashing this person. Under the terms of pretty much every medical insurance policy issued is a 'subrogation clause'. It says that if you go to a doctor or hospital for care, and your medical insurer pays for the care, that the insurance company, not you, has the right to sue to recover their costs. Literally, if the insurer decides to sue and you do not provide them assistance, they can jerk your policy and in turn sue you to recover their costs. It is very unlikely that anyone will recover anything with this suit. Most torts suits end up being decided in favor of the defendent. Courts generally don't award damages unless negligence is really obvious, and that is a very rare event compared to the number of suits filed. But despite that, there are some insurance companies which take idiotic suits, and occasionally they win. The theory seems to be that you sue if there is even a slight glimmer of a chance that you might win. In a case like that the hairdresser in question has little choice but to go along with the idea. My personal favorite for frivolous suits was the two complete idiots from Chicago who decided to use a Sears rotary lawnmower as a hedge trimmer, with each one grabbing two of the wheels so they could maneuver it along the top of the hedge. It wasn't at all surprising when one of them lost his grip, followed by a couple of his fingers. What was surprising was that they won damages from Sears for failing to include a warning against using the lawnmower in this manner in the instruction manual. Compared to that, suing for tripping over a rug, or for the infamous McDonalds coffee incident, is small potatoes. In any case, before you get too worked up over this, keep in mind that you don't have all the facts from the article, but the court will have all the facts, and most judges are pretty good at seeing through the frivolous suits. It's an expensive and flawed system, but it works right most of the time. There is a better than 5-1 chance that the plaintiffs will get nothing for their efforts. "

Incredulous wrote on Aug 7, 2006 12:14 PM:

" I only have one thing to say. Sour grapes. "

Fred wrote on Aug 7, 2006 11:53 AM:

" Sounds like she is a reason our insurance premiums will again go up. "

Barney wrote on Aug 7, 2006 11:04 AM:

" Who did she contact first - Vinje or a doctor? Did she contact the station owner about this or was he surprised with a lawsuit? She had done enough damage to her own name and reputation and will more than likely lose business cutting hair because if she is clumsy, I wouldn't want her standing by my head with a scissors/clipper in her hand - what if her foot falls off the pedal when she is raising/lowering her chair and she slips once agiain - CAN YOU SAY LAWSUIT??? "

Stuart wrote on Aug 7, 2006 9:47 AM:

" People have to start taking responsibility for their own actions. Look before you walk. If the rug is bunched – straighten it out before walking over it or pick a different route to walk. The station does have a different door that Paula could have used. "

Alan wrote on Aug 7, 2006 8:42 AM:

" Let’s look at the whole picture here. What was Paula doing while she walk across this rug. Was she on a cell phone? Was she eating or drinking something? Was she talking to someone? Had she been previously drinking/drugs? Is Paula blind? "

Don wrote on Aug 7, 2006 8:41 AM:

" $15,000 for medical bills – WOW! I hope to get her Dr’s names so I don’t go to them. "

Sarah wrote on Aug 7, 2006 8:28 AM:

" The saying goes - PICK UP you feet..... "

laughable wrote on Aug 6, 2006 9:43 AM:

" The Tribune has done it again! Just what every business owner loves to see, an article about a person who tries to make their mistake someone elses fault! Rugs get bunched up sometimes! That's a fact of life. Watch where your walking! Pick up your feet! All this article does is give other gold diggers ideas on how to bilk the system. They get rich, we all pay! Good job, Tribune! "

Daryl wrote on Aug 6, 2006 2:48 AM:

" $50,000? Thats all! thats pocket change for the station owner. If it was me I would be suing for more and put him out of business. I should be suing as well for be over charged for gas. You people need to lighten up. Its not like she's suing for a million dollars. Maybe she doesn't have health insurance. It doesn't take long to rack up medical bills. Dehaven I hope you win in court. But I sure hope none of these people are not on the jury. "

get a job wrote on Aug 5, 2006 9:33 PM:

" Dehaven, North Dakota has a great welfare plan and if the money was needed that bad that you had to watch an episode of CSI to get the idea girl that is wrong. O Yea I also recieved true whiplash from a vehicle accident and I did not recieve months of treatment. I got a neck brace and went on with my life. "

What the heck? wrote on Aug 5, 2006 9:28 PM:

" She tripped, caught herself in the air, and still got injured? Don't people have to have any responsibility for their own actions anymore? If she'd actually fallen down I might have sympathy for her. "

watch were I walk wrote on Aug 5, 2006 8:29 PM:

" Hey Dehaven, looking for early retiremnet? Try a different state,people can see right through you,try california, better yet, Iraq "

Offhand Remarker wrote on Aug 5, 2006 6:40 PM:

" At my place of employment, if I tripped on ANYTHING and "hurt" myself, I would be immediately subjected to urinalysis to check if I was under the influence of ANYTHING. I wonder if this "victim" was tested for toxicology. "

Gimme a break: wrote on Aug 5, 2006 6:16 PM:

" Obviously each and every one of us has the right to sue, but there has to be a line drawn somewhere. Aren't we supposed to watch where we walk? What happens or what would happen if this lady tripped over a pothole in her own driveway? Is she going to sue herself? What if she trips on her shoe lace when she is cutting someone's hair and she accidentially cuts her finger? Is she going to sue the manufacturer of the scissor? It is too bad that some people are "sue happy." "

Christine wrote on Aug 5, 2006 5:55 PM:

" now if she broke her neck that is one thing. but whiplash give me a break. I guess she never made a mistake before. if anything i bet it was more of an embarrassment. if it was for 1,000 or two then yeah that would be more believable but 50,000 I had physical therapy for months and Dr office visits and it didn't add up to that I hope it gets thrown out. "

gw78 wrote on Aug 5, 2006 3:59 PM:

" Don't people ever actually look down to make sure there aren't hazards in their way? I always look when going in or out a door in case there's a carpet, mat, etc., that's not in place. "

so wrote on Aug 5, 2006 3:53 PM:

" were you hurt or embarrassed?? well this story should be a much bigger embarrassment to you!!!!!!! "

come on lady wrote on Aug 5, 2006 3:52 PM:

" is your hairdressing not bringing in sufficient income for your lifestyle? how about if someone came in your shop and tripped and got whip lash. ok to sue you then??????? "

get real wrote on Aug 5, 2006 3:26 PM:

" paula was probably racing to get her errands done; wasn't watching her step and oops!! well who the heck's fault is that. are the cashiers supposed to check the rug every time someone walks across it to make sure nobody bunched it up?? sounds to me like she wants some easy money. well lets hope our court system has their eyes open on this one and she can learn to walk at her own expense. "

Devil's Advocate wrote on Aug 5, 2006 2:41 PM:

" I think the sue-happy American society is silly too, however, what if this woman really did endure pain and suffering and loss of work due to this incident? And who are any of us to say that she didnt'? As a business owner, I straighten out my walk-in rugs every morning for this very reason. If someone tripped on them, I would consider it my duty to pay for their medical bills if necessary. Also, none of the detractors on this forum have taken into account her age (which was not listed). Older people, especially women, develop more brittle bones and joints. Maybe her slight whip-lash caused a lot more pain to her than it would had it been, (what I'm guessing we're all visualizing), a young, cute, funky hair-do'd hair stylist. The Tesoro is liabel for the out-of-pocket monetary medical damage, but it's a slippery slope to determine money allowable for pain and suffering. I, for one, hope that the judge and/or jury listen to all the evidence carefully and come to the correct conclusion. "

tony wrote on Aug 5, 2006 10:40 AM:

" Remember, it's the jury that decides ,if it goes to trial. The jurors have to use some common sense too! I hope the insurance company refuses to settle out of court. "

To Kookie wrote on Aug 5, 2006 10:34 AM:

" Lawyers usually take these cases on contingency. In other words, the client pays no money up front and the attorney takes 40% ( or whatever he negotiates) upon winning. Of course, getting a jury in ND to decide for the plaintiff in a case like this would take a miracle. "

beenthere wrote on Aug 5, 2006 9:01 AM:

" Several years ago something similar happened to me. Also at a gas station, but I bumped my head on the door. Ouch, but I went in to pay and as I was walking my son said Mom you're bleeding just as the first drop of blood hit the floor. I later saw I dripped blood all the way to the restroom. At one point a clerk came and opened the door, and even after seeing a blood spattered sink, she didn't say or do anything! A good 20 minutes and countless paper towels later I had the bleeding almost stopped, my son paid, and we left. I went to the Dr, at my own expense, and never even thought to sue the station. I should have been paying more attention.... accidents happen. DeHaven, and her lawyer are just after some easy money "

Beesh wrote on Aug 5, 2006 8:41 AM:

" Where I work, there is are STEPS on the way to entering the building. I am going to SUE, because someone may not see that you need to raise their foot 8 times to elevate themselves to another level. Shoot, I usually look down where I'm walking, I don't have my nose in the air and ear on a cell phone. If I were a judge, I'd toss this out quicker than you can say, 'whiplash', make DeHavenobrains pay Tesoro's legal fees and make her take a crash course on how to WALK! "

Alex wrote on Aug 5, 2006 8:36 AM:

" She's giving the rest of us hair dressers a bad name. Wish some people would take responsibility for their own lives. "lift up your feet when you walk" and the whole situation would have never happened. "

Scott wrote on Aug 5, 2006 8:32 AM:

" This really shouldn't surprise anyone. Our society has gone from protecting the innocent to rewarding the ignorant! Whiplash-type injuries are you kidding me? What happened to watch were you are going? I wonder how much I could get if one of those 20% bigger Snicker bars fell off the shelf and hit my little toe? Maybe 100,000! If this woman gets anything but laughed out of the court room it will be a sad day for Bismarck. Anyone want to take me up on the bet that Mr. Vinje can tell the difference between the siren of a firetruck and an ambulance from over a mile away? "

kookie wrote on Aug 5, 2006 8:27 AM:

" OH Plz she has money for an attorney. All she wants is for someone to pay her bills. Sick Sick Sick.....if the court system wastes their time on this what a waste of taxpayers money "

James wrote on Aug 5, 2006 8:25 AM:

" It is stupid acts of clumsiness like this that drive up the costs of running a business. Don't think for a minute that these costs aren't added on for the other consumers to have to pay. The problem with people like her and others in society is that they don't accept responsibility for their own actions. How do we know that she didn't sustain this injury previous to visiting this establishment? "

Frank wrote on Aug 5, 2006 8:22 AM:

" We are living in a sue happy world, yes even in NORTH DAKOTA and it is sad. People like this is what drives insurance rates through the roof. Hope you choke on your 50,000.00 "

me wrote on Aug 5, 2006 8:13 AM:

" YA right, she is looking for a freebe, get a life. "

buddy wrote on Aug 5, 2006 5:29 AM:

" Uh-huh...ok...right... we have some of these in ND too??? "

Bryan wrote on Aug 5, 2006 4:56 AM:

" Reading this made me sick to my stomack. Because this women was clumsy she thinks she deserves $50,000? I hope I get picked to be on the jury, she won't get a dime!! The fleecing of America. All she wants is a settlement, they never really want to go to trial, and the sad fact is she will probibly get one. "

dubbles wrote on Aug 5, 2006 4:41 AM:

" I didnt know bismarck had soo many morons living here. I thought people in ND had some common sense, I guess not. I sure hope one of Dehaven's customers sue her for screwing up their hair cut. I sure hope this case gets thrown out and the judge throws her some common sense, ohh wait, he would probably get sued for that too. "

Post Your Own Comment

All online comments are limited to 350 words total.
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.