Posted October 14, 2018 03:17:03 A woman in New Jersey who was taken to a hospital with a bruise on her head after she was accidentally struck by a car is now suing her insurer and a tow truck operator.
The incident happened on May 20, 2019, at around 8:30 p.m. at a Walmart parking lot in Burlington, New Jersey.
According to the lawsuit, a tow company employee, identified only as J.T., was driving on the shoulder of the parking lot when she lost control of her car, struck a tree and went airborne.
“As the car rolled away, the driver’s seat buckled, resulting in the vehicle’s forward roll, causing her head to bruise,” the lawsuit said.
“The resulting bruise and swelling caused by the accident, caused Ms. Williams to have to wear a helmet at all times while driving.”
J. T. says the driver of the car who struck her told her she could not have struck her because the car was moving and the driver would not have stopped to look.
J.t. says she is still struggling with the accident and her medical bills.
The suit says the woman, who has not been identified, was driving a 2011 Ford F-150 pickup truck, with a 3-year-old child in the back seat.
The lawsuit states the woman was not wearing her seat belt.
She said she was on her way to a friend’s house to meet a friend, when she was hit.
“Ms. Williams’s injuries and pain are a result of the negligent actions of the defendant tow company, Walmart and the vehicle driver, Mr. K.K.,” the lawsuit stated.
The driver of Walmart was charged with driving while intoxicated, a misdemeanor, and the tow truck driver was charged on a misdemeanor count of negligent operation of a vehicle.
The complaint was filed in state court in Burlington and was unsealed in court Wednesday.
“We are disappointed by the decision of the Burlington Superior Court to dismiss this lawsuit, which was filed with the intent of protecting a vulnerable individual who suffered a traumatic injury as a result on May 22, 2019,” Walmart spokesperson Katie Johnson told Medical News Now.
“In our company, we take these matters very seriously and we will continue to work with the court to ensure this woman’s injuries are addressed and we work with her to pay for the damages.”
A Walmart spokesperson said the company has a zero-tolerance policy against hitting and maiming customers.
“Tow trucks are designed to safely maneuver large trucks in traffic and we believe they are a vital part of our operations,” the spokesperson said.
The company has not responded to a request for comment.
A Walmart representative told Medical Times Now that the company’s tow truck drivers are trained to look for vehicles that have been damaged by a driver or passengers, and that they are trained in how to apply the brakes, and how to operate the vehicle in a safe manner.
Walmart says it has had several complaints about tow truck operators in the past.
“Our company has worked with the state of New Jersey on a number of occasions to address issues of vehicle damage and safety,” the company said in a statement.
“While we are pleased that the complaint has been resolved, we are disappointed that it has been dismissed.
We will continue our oversight and safety program to ensure our customers are able to safely navigate their vehicles.”