Father of Accident Victim Sues Wal-Mart
Father of Accident Victim Sues Wal-Mart Save Email Print
Posted: 7:52 AM Sep 3, 2008
 Last Updated: 10:05 AM Sep 3, 2008
 Reporter: John Green
Email Address: news@wsaz.com
127 comments
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RIPLEY, W.Va. (WSAZ) -- A deadly accident in Ripley last February is leading to a lawsuit against Wal-Mart.

Jacklyn Bower was killed after her pickup truck struck the Mill Creek Bridge and plunged into a creek.

The sixteen year old victim's father, Mark Bower, is suing Wal-Mart for 1.5 million dollars. The suit claims that the entrance to the bridge near the store was poorly constructed.

It also states that pools of water on the road and a lack of guardrails made for very dangerous conditions the night of the accident.

The family is seeking compensation for the sorrow of losing their daughter and funeral expenses.

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Posted by: jodi on Jul 3, 2009 at 10:18 AM
wal-mart isnt at fault of this father losing his daughter she should not been in the truck or driving without a license person in the truck with her its the law i losted a grandson he was killed he was 4 years old but u cant go sue a company that is not at fault she was speeding thats what got her killed and driving cazy i hate say it but its his daughter fault she got killed she was going to fast had no control of the truck plus on cell phone so yeah she didnt have her eyes on her driving that she ought to had and if her father let her in the truck then hes just as guilty she hadnt been in the truck she be alive be with her father so his guilt getting the best of him so yeah he needs grieve move on with his life money isnt going bring his daughter back cannot bring back a dead person he needs accept his daughter death deal with it the best he knows how too
Posted by: Pat on Sep 6, 2008 at 11:59 AM
To....Not Speechless... I think Ginnie was drunk when she wrote her message too!!!
Posted by: Anonymous on Sep 5, 2008 at 05:45 PM
what people will do for money... GET A JOB!
Posted by: RoaneCo. on Sep 5, 2008 at 02:00 PM
I just got a blister from typing this sentence! Can I sue you WSAZ? $1 mill will cover it....but I will settle out of court for $25,000.00. Just put the check in the mail. OH NO!! Another blister, $2 mill now! Guess I better hit Dell up too.
Posted by: Bud on Sep 5, 2008 at 01:53 PM
I guess $1.5 million would buy alot of beer to ease the pain.
Posted by: anon on Sep 5, 2008 at 01:23 PM
The girl wasn't wearing a seatbelt, she was speeding, she ran a stop sign....if there had been a guardrail there at the rate of speed she was traveling, she would have ejected into a tree. There were actually tire marks on the concrete side of the bridge where she went up and over. I too am sorry for Mark Bowers loss, I can't imagine losing a child.....but will this make it better? Now people see the family as money grubbers instead of grieving. Be careful of what you wish for, you may get it.
Posted by: Not Speechless on Sep 5, 2008 at 12:00 PM
For... ginnie on Sep 4, 2008 at 08:53 PM... Just by reading your post.. Is it possible you may have been just a "tad" intoxicated when you "tripped" on that mat at WalMart? As for the topic of conversation...This accident is just that, an accident that was the fault of the driver. Inexperienced or not, it was her fault for speeding. Surely whoever taught her to drive cautioned her on the results of speeding on wet or dry pavement and to stop at stop signs. For the family, I am so very sorry for your loss. I, too, have lost loved ones to a speeding accident. But, come on, suing WalMart is ludacris in this situation. Lawsuits like this is why the rest of us have to pay such high premiums. Maybe we should devise a way to sue those people, (filing this type of claim), for making our insurance premiums go higher. Legislators should outlaw "frivolous lawsuits".
Posted by: Anonymous on Sep 5, 2008 at 11:03 AM
ginnie, I think in your case I would find another attorney.. They are liable for what happens in that store. In NC, something had fallen from one of the top shelves. People sued and won, well it settled out of court.
Posted by: Anonymous on Sep 5, 2008 at 08:34 AM
Mandy while you're "praying" for people on the internet that have the right to voice their opinion you need to be "praying" for brains because you obviously lack some. No one is being cold hearted, they're telling the truth. You can't blame wal-mart for her bad driving. It's her fault, not walmart and he's just trying to milk it for all its worth, which is nothing! He needs to mourn his loss, and move on with his life!
Posted by: Sharon on Sep 5, 2008 at 08:22 AM
Hundreds of people drive across this bridge everyday.....It is evident that speed and conditons were a factor. An inexpirenced driver who was young, angry, and speeding is never a good combination, however Walmart is not to blame. Trust me I am not a Walmart fan, actually can count on one hand the times I have been in one, but this is just a tragic accident. May god grant you peace.
Posted by: To Mandy on Sep 5, 2008 at 06:36 AM
He is in pain? If I were in pain I wouldnt want to go to court and half to listen and bring back memories of what happened to my daughter! And sue for 1.5 Million? Whats up with that! This is a simple case of wanting to get rich off of his daughters death, I mean honestly why would you sue for that much money? I rest my case!!!
Posted by: Kevin Maynard on Sep 5, 2008 at 05:57 AM
To Mandy, a dad in pain? Money going to make it all better? I think not! this is all about the money and nothing else I hope Mark Bower get nothing.
Posted by: emily on Sep 5, 2008 at 03:20 AM
I feel bad for this guy for losing his daughter but why sue walmart? aren't the bridges the state or county? The only reason (sadly) this guy is suing walmart is because he thinks he can get rich of his daughters death i think that is messed up. thats how it seems to me.
Posted by: charles carroll on Sep 5, 2008 at 03:01 AM
wal-mart sue em fal back and sue em again is hillary clinton still on the board of directors of wal-mart ?
Posted by: Mandy on Sep 4, 2008 at 11:48 PM
I am ashamed to see how many cold hearted people there are in this world. This Dad is in pain, how could any of you say these things to him and about him? To all of you cold hearted people I will pray for you because you need all the prayers you can get.
Posted by: Mandy on Sep 4, 2008 at 11:41 PM
I can't believe that wsaz released some of these comments, my gosh, this family lost a loved one...Do you all have to be so evil? Have a heart! My thoughts and prayers are with this family in their time of need!
Posted by: Emily on Sep 4, 2008 at 11:14 PM
All Im saying if the bridge was poorly constructed, then someone is at fault..Just like if someone gets hurt on your property, you legally are at fault..And if the bridge was defected then someone he has a claim in my opinion...And by the way, how does anyone know she was a bad driver? did she have a poor driving record or something? I'm sure her dad is still grieving, give him a break.. i don't know the family, but my thoughts and prayers are with them
Posted by: mom on Sep 4, 2008 at 10:44 PM
so does this mean if someone drives across the bridge to my house is flying, and talking on a cell phone can sue, in that case I'm making everyone park in the road
Posted by: Anonymous on Sep 4, 2008 at 10:21 PM
I remember reading when this story was first released that speed was a factor. How can Walmart be blamed when the girl was speeding. I think that responsibility rests on the shoulders of the family who turned an inexperienced driver loose with a vehicle that she couldn't control. This lawsuit is ridiculus.
Posted by: mike on Sep 4, 2008 at 09:18 PM
Wal-Mart ought to turn around and file a countersuit on this guy for child endangerment and neglect see how the shoe fits on the other foot. They also should make him pay all attorney and lawyer fees if he loses!!
Posted by: ginnie on Sep 4, 2008 at 08:53 PM
good luck i trip on the rubber mats at the door were you come in at wal mart broke my knee black my eyes cuts my face bad i got fifteen hunder dalldrs my= lawer said thew were not at faul becouse i was in the store they did no rong i thank my lawer sold out i was hurt bad .... good..luck ,,they took all ther rubber matts up at that wall..mart
Posted by: Anonymous on Sep 4, 2008 at 08:31 PM
When this story was first reported after the accident, didn't it say that speed was a factor? I hate that this young girl died, but we can't always blame someone else for our mis-fortune. It seems like everytime that someone dies, the family is always looking for someone to blame. I am so sorry for his loss, but a lawsuit will not bring her back.
Posted by: Lance on Sep 4, 2008 at 06:13 PM
Emily-The person at fault in this situation cannot be held responsible because she died in the accident. She was young, a new driver and like most kids she thought she was invincible. This is just another person trying to make a quick buck.
Posted by: Anonymous on Sep 4, 2008 at 05:17 PM
once again THE BRIDGE OR THE LAND THE BRIDGE IS ON DOES NOT BELONG TO WALMART
Posted by: Anonymous on Sep 4, 2008 at 05:04 PM
How sad that you profess to love your daughter yet look to profit from her death. To me that is blood money.
Posted by: Anna on Sep 4, 2008 at 04:19 PM
I thought I was going to read Barboursville Wal-Mart was going to get it, over the scorpion sting. This story is new to me.
Posted by: Emily on Sep 4, 2008 at 02:51 PM
He is absolutely right! My heart goes out to the family, although I don't know them. If Walmart isn't at fault, then whoever constructed the bridge is. He has a claim, and I hope he gets rewarded. Some one is liable for not making the guardrails safe enough...!! This is not a frivolous lawsuit, if she wouldn't have feel in the creek, she wouldn't have died. If it didn't pass the "bridge inspection" someone should be sued. Most of you on here are so cold hearted. You telling her dad to get a life? Please pray that God will give you a heart! He will!
Posted by: Daryl on Sep 4, 2008 at 02:40 PM
EX-Jackson Countian-The facts are that she just recieved her drivers permit and not really knowing the handling of that pickuptruck and then a little later in the week she got mad at her friend in the WalMart parking lot, drove off through the parking lot, way too fast and didn't make the curve next to the bridge and crashed and it was her own fault driving that way took her life!
Posted by: al on Sep 4, 2008 at 02:33 PM
this is ridiculus, but the bad thing is, if it goes to trial he will probably win and the prices will go up
Posted by: ToTheDad on Sep 4, 2008 at 02:29 PM
Hmmmm.........I am so sorry for your loss and I can't imagine losing one of my own children. If you step back and look at all of the facts, Wal-mart is not to blame. It was a tragic accident - if the roads were bad, it was an act of God, not Wal-Mart. I see that your memorial is still up - I am surprised that Wal-Mart has allowed it to remain. Many times I have seen you at this spot grieving. I do not think a lawsuit is the answer here. Pray to God and let him heal you from the inside. I am not going to be cold-hearted and point fingers here....I know that you have to be devastated.
Posted by: Debbie on Sep 4, 2008 at 02:07 PM
OMG! Everyone want's a piece of Wal-Mart! I think the dad needs to face fact's that his daughter was at fault not the bridge, from what I see it sounds like he is telling us that the bridge moved on her! He needs to get a life and leave Wal-Mart alone, and I hope he doesn't get a dime! People are STUPID, they would take anyone to court for what ever reason just so they don't look like a bad person, Maybe the 16 year old shouldn't have been driving Maybe she wasn't ready to drive!
Posted by: Logan native on Sep 4, 2008 at 02:01 PM
To the dad of this young girl. I am sorry for the loss of your daughter, however, how can you blame walmart? Why don't you put the blame where it should be. You are the one that let her out there on the road, unexperienced I am sure, did you teach her to obey ALL traffic laws,(mad or not), Did you tell her she would have consequences if she made bad coices? You need to realize that Walmart wasn't the one to make her drive safely. At 16, she should had not been in the vehicle by herself. GROW UP!!!!GET A JOB!!!!PAY YOUR OWN WAY!!!!!!!
Posted by: Jamie on Sep 4, 2008 at 01:19 PM
"seeking compensation for the sorrow of losing their daughter and funeral expenses" I didn't know one could put a price on a child's life PLUS the funeral expenses couldn't have been that much. SOunds like someone is trying to "ring the bell."
Posted by: Anonymous on Sep 4, 2008 at 01:13 PM
I wonder if this so-called father is related to the woman with the funny looking straws. LOL Maybe her plan didn't work so they are trying this. to the father , it is very sad the loss of a child but why on earth would you make a mockery of her death trying to profit from it ??
Posted by: A Ripley Resident on Sep 4, 2008 at 01:05 PM
My thoughts and prayers to the family The cause of the a accident was the road conditions and speed, not the design of the bridge. If you look at this bridge it looks like any other concrete bridge in the state of WV. Does this mean if I run off one of the bridges on Interstate 77 on my home this evening and get killed does this mean my husband can sue the State of WV because I ran off the interstate?? DON'T THINK SO!!! IT WAS MY FAULT!!!! AS THIS WAS HER FAULT!!
Posted by: Enough on Sep 4, 2008 at 12:28 PM
Doesn't anyone take responsibility for their own actions any longer? If the bridge had fallen then, yes, Walmart should be responsible but this isn't the case. I'm sick and tired of paying higher prices because of these people looking for free dollar! Work for it like a lot of other people do. Sorry for your loss but get a life! Maybe Walmart should sue the family for any damage done to their property.
Posted by: Ripley native on Sep 4, 2008 at 11:40 AM
I find it amazing that literally tens of thousands of people have gone in and out of that road since it opened and only person has the nerve to say it is the roads fault for causing an accident. I drive it a few times a week, ice, snow, rain or sun I, nor any member of my family has had an issue with the condition of the road or the bridge. Another frivolous lawsuit
Posted by: not a walmart worker on Sep 4, 2008 at 11:26 AM
what does working for walmart have to do with this silly lawsuit. I hope that attorney is reading these comments and calls that father so say he has decided not to take the case..
Posted by: Anonymous on Sep 4, 2008 at 10:25 AM
just a few things to clear up about the night the girl died it was not late it was around 7:30 and it was not raining but the roads were wet and she was not on her cell phone and yes she was driving to fast. I don't think wal-mart is to blame and yes they do own the bridge and it wasn't built right according to the bridge inspection. But that still doesn't give him the right to sue Wal-mart like many of you have said it will not bring her back and no amount of money will replace her. And why would he want to relive the night it happened. I know there are some of the family that doesn't agree with this at all.
Posted by: booger on Sep 4, 2008 at 10:11 AM
Beans gave me gas. I bought them at Wal-Mart. Should I sue??
Posted by: ron on Sep 4, 2008 at 09:54 AM
A lot of Wal-Mart workers commenting I see...
Posted by: joe on Sep 4, 2008 at 09:17 AM
to dad and his girlfriend, how much pot will 1.5 mil buy/
Posted by: MILDRED on Sep 4, 2008 at 08:36 AM
IF THE GUARD RAILS WERE POORLY CONSTRUCTED OR NOT THERE, THEN YES, WALMART SHOULD BE HELD ACCOUNTABLE.IF THIS ACCIDENT HAD HAPPENED TO AN ELDERLY PERSON INSTEAD OF A YOUNG GIRL PEPOLE WOULD PROBALY BE MUCH MORE SYMPATHETIC. WHOEVER BUILT THE BRIDGE MOST LIKELY SKIMPED ON THE QUALITY TO SAVE A BUCK AND IT COST A POOR GIRL HER LIFE. GOD BLESS HER FAMILY AND GOOD LUCK WITH YOUR LAWSUIT.
Posted by: Anonymous on Sep 4, 2008 at 05:21 AM
sue sue sue and sew sew sew what what you reap. i wonder if anyone else were involved maybe they could sue the dad for maybe $5,000,000 happy days.
Posted by: Anonymous on Sep 4, 2008 at 12:49 AM
It is sad that the girl died, but this guy needs therapy. It's all about who is to blame. Who can I blame so I can sue? Get with reality! If anyone is to be at blame its probably the girl for going across the bridge too darn fast, oh but lets not point the finger at her because she died. BALONEY!!!! I am not crazy about wal-mart but this is just utterly ridiculous and is a waste of the court system's time!
Posted by: Heather on Sep 3, 2008 at 11:44 PM
Plus, I'm almost positive that if the father is in a financially difficult situation that a fundraiser could have been done (through the girl's school-since she was 16) to raise money for her funeral expenses... WHICH OTHER PEOPLE HAVE DONE.. for other tragic accidents instead of being sue happy....plus put any price on "emotions" actually makes them emotionless and takes your daughter from invaluable to the equivalent of a shirt you buy from WAL-MART... (irony)
Posted by: Heather on Sep 3, 2008 at 11:26 PM
Unless the bridge COLLAPSED.. it is not Wal Mart's fault and of course they will probably settle because it's pocket change but they SHOULD fight it because they WOULD win.. this girl should have SLOWED down and OPENED her eyes... like my MOTHER told me when I was learning to drive, "it doesn't matter if you have to drive 15mph, as long as you can see where you are going and driving safely"... she also ALWAYS told me to drive SLOWER when it was raining. At first I thought this was about the girl that got bit by the scorpion that was in the bananas.. now THOSE PEOPLE should sue Wal-Mart.. I thank GOD that I never was a teenager who was obsessed with being "seen" with her cellphone.
Posted by: ezz on Sep 3, 2008 at 11:03 PM
simple, people who don't think of GOD think of greed instead, and use what ever excuse they can to get anything they can in this case I agree let the youngster rest not live on by the blood money you are trying to get, honestly I had a cousin that was burned in a apartment building fire, and died from hospital fault they took the little amount of settlement money and it is all gone he is still gone and still NO-HEAD STONE! god bless the young ones family
Posted by: kneejerk on Sep 3, 2008 at 11:00 PM
another typical reaction from a WV resident.... nothing is ever the person's fault that gets injured or killed, I hope that wal-mart (whom I don't like btw) soaks them good...
Posted by: Pat on Sep 3, 2008 at 10:53 PM
Kelly....good for you!!! You are a smart and well raised young person!! Kudos to your parents for doing such a good job raising you and teaching you about driving....safely. I heard that this girl was not only speeding but that she was also texting someone!! I guess THAT'S Wal-Mart's fault too right? Wal-Mart should be ashamed of themselves for giving this girl the keys to the car AND the cell phone!! These people are ignorant and need to get a grip. I think many of you are correct in saying that the family has a guilty conscience. Don't blame Wal-Mart for your neglect!!!!!!!!!!!!!!!!!!
Posted by: amazed on Sep 3, 2008 at 10:48 PM
what a load of crap. Sorry for your loss, truly, but it was an accident and NOT the fault of Wal-Mart or anyone else. Just the driver. It's time people stop trying to BLAME SOMEONE ELSE for all the problems in life.
Posted by: Anonymous on Sep 3, 2008 at 10:37 PM
To Anon: on Sep 3, 2008 at 05:01 PM Are there other children in the home? How sad for this man to lose a wife and a daughter. I know someone that too lost his wife and an adult child. The child died and one month later the boys mother dies from a long illness. I would say this guy is pretty angry right now and he is looking for someone to blame. I mean his daughter is all around him. Everywhere you look you see someone that looks like her, or laughs like her drives the same kind of truck. Time heals all wounds.. Sorry for your loss sir, I wish you and your family peace. Which by the way cannot be accomplished by profitting from your daughters death. Drop the suit dude...
Posted by: Anonymous on Sep 3, 2008 at 10:34 PM
this is plain stupidity!
Posted by: This is unreal on Sep 3, 2008 at 10:31 PM
I can't believe the father is looking for a profit. How terrible for him to place a price tag on his daughter's death. It has been proven her death was a result of her inexperience as a driver, and Walmart isn't to blame. I really can't respect this.
Posted by: jim on Sep 3, 2008 at 10:11 PM
i had an accident 7 miles away on my way to walmart ..can i sue them?
Posted by: David on Sep 3, 2008 at 09:54 PM
I hope this case is readily dismissed. If the family is concerned about the safety of the intersection, the money (if any) awarded should go directly to reconstruct this "dangerous" intersection. This is a joke.
Posted by: JIM on Sep 3, 2008 at 09:08 PM
This will really hurt the reputation of GOODWIN & GOODWIN the lawyers that took the this case. SAD SAD SAD
Posted by: Eastern Ky. Mom on Sep 3, 2008 at 08:56 PM
This lawsuit is crazy!!! The girl was as everyone has said inexperienced, mad, on her cell and speeding out. It is not Wal-Marts fault. Let her rest in peace! She made the mistakes and unfortunately paid the ultimate price, her life. What are you going to do with the money spend it at the same Wal-Mart your daughter died at!! No wonder we can't afford insurance it's lawsuits like this and the attorney should be dis-barred!!!!
Posted by: wanda on Sep 3, 2008 at 08:53 PM
how in the world could a family blame a business for this loss.if she were in wal mart and was killed becauce of poor construction than yes,but a child (16)who was not an experinced driver,for goodness sake!!!
Posted by: Anonymous on Sep 3, 2008 at 08:40 PM
This makes no sense to me. It's sad they lost their child, and I really do sympathize with the parents for that. But unless the girl passed away AT walmart, or by something or someone FROM Walmart, what makes it necessary for them to sue Walmart because of the road TO Walmart? Does that mean that if I am going to Walmart or any other store for that matter, and get hit by another vehicle, I can sue that store??? Just doesn't add up to me.
Posted by: Sharon on Sep 3, 2008 at 08:26 PM
Hope this goes to a jury......I can not believe the nerve...if the money is awarded make it payable only to driving lesson for future young drivers. Not a windfall for the family.
Posted by: Leigh on Sep 3, 2008 at 07:51 PM
It's a shame that the parents are trying to put the blame on Wal-Mart. That's flat out ridiculous. Granted, it's difficult to accept when such a young life is taken, but the bottom line is this. Everyone knows that Wal-Mart is a money maker and it sounds to me like they're trying to get in on the action.
Posted by: Gale on Sep 3, 2008 at 07:16 PM
I am not a fan of Wal-Mart by any means, but unless the injured or deceased person is leaving behind children who need cared for, I do not believe in taking monetary compensation from any business. I could not sleep at night if I profited from the death of a loved one, resulting from a lawsuit. Lawsuits should only be brought about if there are children of the deceased left behind, and specifically spent on their needs, education, etc.
Posted by: dave on Sep 3, 2008 at 07:04 PM
This is sad that the lost of one's life in a family they have to find someone to take out their anger on.1.5 million can't bring her back and only thing it's going to do is bring joy to the family with maybe a new house or car which is the sad thing.But just goes to show what this world is coming to.
Posted by: Anonymous on Sep 3, 2008 at 06:55 PM
i cant stand wal-mart!!! but this sounds like a joke
Posted by: annoymous on Sep 3, 2008 at 06:38 PM
What a shame. Their kid dies and now they think they are entitled to a winning lottery ticket, courtesy of Wal-Mart? How could you show your faces in your community? Guess if you win, you won't care anyway. You may be millionaires but you'll still be without a daughter and EVERYONE will know how you got it.
Posted by: anonymous on Sep 3, 2008 at 06:04 PM
for one the bridge and the property the bridge is located DOES NOT BELONG TO WALMART. whoever built the bridge should be responsible because it should have been inspected after it was built. i know family members of hers who do not agree with the lawsuit. it is very sad about what happened to her but walmart is NOT AT FAULT.
Posted by: Reality Check on Sep 3, 2008 at 05:48 PM
I feel for the family but let's get real. Allowing a newly licensed driver to drive after dark, in inclement weather is a recipe for disaster.Walmart can't be held responsible for our poor judgement.
Posted by: To Anon: on Sep 3, 2008 at 05:01 PM
I live in Ripley as well and according to the news reports at the time..she left mad and did not stop at the stop sign and lost control of her vehicle. Her mother has been deceased for a couple of years and I don't think the money will ease the pain any. The memorial is really sad, you have to pass it to get into Wal-Mart. Wonder if Wal-Mart will make them take that down, now that they are getting sued?
Posted by: James on Sep 3, 2008 at 04:51 PM
What is wrong with WV and its economy - LAWSUITS & LAWYERS - how can this suit be anything but a wrongly steered attempt to collect on what is obviously a tragedy.
Posted by: Ed on Sep 3, 2008 at 04:24 PM
The parents had better watch out they may be charged with giving a minor a deadly weapon by giving her a car to drive on a bad night and probably didn't have much training......I would be ashamed if I were the parents to even try to sue anybody over this
Posted by: mike on Sep 3, 2008 at 03:59 PM
Just another bs lawsuit. Nobody to blame and no life insurance policy, so i will go after somebody with deep pockets. He's probably been told that if he files a lawsuit against Wal-Mart that they will probably settle for less just to not take it to court.
Posted by: anonymous on Sep 3, 2008 at 03:27 PM
here we go again sue happy people..everyone is really sorry about the loss of this young girl,but come on sue wally world? get real! they didnt have anything to do with this.some people said the girl was having a fit becuase she was fighting with her boyfriend and drove out of there crazy..this is why so many people want to live in west virginia they can blame somone for an accident or anything and then sue them,so they dont have to work anymore... come on let the poor girl rest in peace.. im sure she woulnt want all of this going on..and if you need money GET A JOB !!!!!!
Posted by: a mom on Sep 3, 2008 at 03:23 PM
this is to anonymous Sep 3 @ 12:02pm, this was a terrible accident. Nobody is to blame. what part of ACCIDENT dont some of you understand. No I dont think they should sue walmart unless it was indeed their fault somehow.my prayers are with the family.
Posted by: richard on Sep 3, 2008 at 03:21 PM
Sad for all concerned. Especially sad that we abuse the liberties we have here by filing lawsuits with absolutely no merit.
Posted by: Anonymous on Sep 3, 2008 at 03:06 PM
i live in ripley and alot of teenagers hand out at the end of the parking lot. i have heard that she was doing a burn out and lost control of the truck. has anyone else heard that?
Posted by: cheri on Sep 3, 2008 at 03:05 PM
If in fact for some "reason" this was Walmarts fault, then fine sue them.But this just seems a bit much. This was a horrible loss for this family that loved their daughter and my heart breaks for them.May God bring you comfort and peace. I would probably drop it,I don't think they will get anything.Sorry not being cold or mean, just honest.
Posted by: WOW on Sep 3, 2008 at 02:59 PM
Such a sad "accident". If you stop at the stop sign coming out of Wal-Mart and adhere to the speedlimit...you can make the turn, no problem. I don't know what they are thinking - money is not going to bring her back. Cameras show her speeding out of the parking lot....doesn't sound like Wal-Marts fault to me.
Posted by: Anonymous on Sep 3, 2008 at 02:26 PM
I remember reading about this story, and it stated that she was mad when she was driving, and that she was driving at a high rate of speed. high rate of speed, the weather conditions, and if I remember correctly she only had a license for about a week, and was she wearing a seatbelt? 1.5 mill. is an awful lot to sue for. Don't think that they are going to win! Sounds like they are trying to get rich quick, by taking advantage of the death of their daughter.
Posted by: Huntington Girl on Sep 3, 2008 at 02:21 PM
Andd this is Wal*mart's fault because.....? It's sad int his world that there are so many people out there trying to make a dollar off of someone else! May She Rest In Peace & her family realize that this is not Wal*Mart's fault. Maybe it was just a typical 16 year old driver!!!
Posted by: Mrs. T on Sep 3, 2008 at 02:08 PM
Ron, People like you are the reason people can barely afford insurance anymore. Law suits like effects our economy, get a grip.
Posted by: Beth Ann on Sep 3, 2008 at 01:54 PM
I am also sorry about the loss of this young lady. However it was not Walmart's fault. Ripley police say several witnesses tell them the teen was driving very fast as she left Wal-Mart and did not stop for a stop sign. So I am sorry but how can you think you can sue?
Posted by: Bonnie on Sep 3, 2008 at 01:23 PM
How can Wal Mart be blamed for a teenagers stupidity???Some people just sicken me. It is sad the way people look for any way they can to make a dollar. The parents probably live on welfare and one less chold means less foodstamps and state assistance. Gotta get their money one way or another.
Posted by: Ron on Sep 3, 2008 at 01:12 PM
Go for it. Make Wal-Mart pay! Instant karma, baby.
Posted by: Anonymous on Sep 3, 2008 at 01:04 PM
typical parent who refuses to place any blame on their child. "My child is perfect, it has to be someone else's fault" I figure the dollar signs lit up in his head about 15 min after he found out what happened. this slacker deserves nothing....or tell him wal mart is paying the money to fix roads so this doesn't happen again....think he will be happy, lol
Posted by: Kelly on Sep 3, 2008 at 12:30 PM
When I first got my license, my parents did not let me drive everywhere I wanted to or let me loose at night to drive in the rain. My parents understood that just because I had my license it did not mean that I was a great driver, that comes with experience. The parents feel guilty and they think that the lawsuit will coverup the shame that they feel. I hope that they see how wrong their decision is and realize that it was an accident due to her carelessness. I am sorry for their loss. They need to remember that their daughter was the one responsible for her own vehicle, Wal-mart was not in the driver seat. Wal-mart is not to blame.
Posted by: Alan on Sep 3, 2008 at 12:28 PM
Don't insult Mayberry like that
Posted by: Melissa on Sep 3, 2008 at 12:27 PM
I am sorry for your loss but if I remember correctly isn;t the teeenager the one using excessive speed?? how is that Walmart's fault. Under normal driving conditions this would not have happened.. I understand you daughter in no longer with us and I do feel your pain but suing is to the healing factor
Posted by: April on Sep 3, 2008 at 12:22 PM
You know I do feel so bad for this family and I pray to God I never have to burry one of my children, but honestly I can not even see how someone comes up with this being Walmart's fault. I've been to that store quite a few times and I'm wondering if Walmart even owns that road? It seems to me that it would be just an access road because there's other land back there that I'm sure is going to be developed eventually. To the few people on here who are saying SUE them, you are the problem. Where do you think that money comes from? It comes from raised prices that the rest of us pay because of a little girl making a mistake when she was driving and a father allowing her to drive in the dark and rain after only having her license for such a short amount of time. Like I said before, I feel so so sorry for this family, but why should they gain 1.5 million dollars for their mistake of allowing this child to drive in the dark and in the rain when she had no experience. This needs to be dropped
Posted by: Anonymous on Sep 3, 2008 at 12:21 PM
This will not bring your daughter back...
Posted by: Mrs T on Sep 3, 2008 at 12:17 PM
How can you blame this on Walmart? There are roads like this all over our state. I have to agree with April. How can you let your inexperienced teen drivers out on the roads late at night like this? You have a lot of teens out there that are driving way to fast and need to slow down. This in no way should be Walmart's fault. Another B.S. lawsuit that a joke of an attorney has picked up trying to make money as well.
Posted by: To Donna: on Sep 3, 2008 at 12:15 PM
Still doesn't make it Wal Mart's fault. What about the city of Ripley? Are they going to be held responsible for anything?
Posted by: Anonymous on Sep 3, 2008 at 12:11 PM
Classic Ripley! I have in-laws up there, unfortunately, who are always looking to make a buck by doing ABSOLUTELY NOTHING. It truly is a modern day Mayberry, with nothing left to offer anyone except Walmart and local bars.
Posted by: Jim on Sep 3, 2008 at 12:08 PM
This doesn't surprise me. Wal Mart has deeper pockets than the state does, and the family is probably hoping for an out-of-court settlement from Wally World. I hope they get nothing.
Posted by: you have got to be kidding on Sep 3, 2008 at 12:02 PM
I can't begin to imagine this families sorrow of lossing their daughter but that is no reason to turn around and sue Walmart. She wasn't on their property nor did they give her the vehicle to drive so how is it Walmarts fault. It was a tragic accident with no one to blame. People need to stop trying to make money off of an accident. Shame on the attorney who took this case.
Posted by: SG on Sep 3, 2008 at 12:02 PM
I understand the family is hurting but this is not walmarts fault..She was just a little girl that made a bad choice..this is not going to bring her back but maybe someone should call the DOH to have this corrected so that maybe someone else will be saved..one gaurdrail has been put in right where she went over BUT this would be a responsibility for the DOH to correct..Money is not the answer..May God be with the family!
Posted by: Anonymous on Sep 3, 2008 at 11:25 AM
I would not take 1.5 million for any of my children. If they get any money I wonder how they will use it to grieve for their daughter, a new car, a new pool in the back yard , hey maybe a cruise might help to . People are so money hungry. Wal-mart should turn around and sue them for flasley accusing. The blame is on the parents. Just because they get thier licience don't mean you let them have the run of the roads. Even when the state issued my children thier licience I still put my own restrictions on them. This family should put the blame where it belongs.
Posted by: anon on Sep 3, 2008 at 11:19 AM
Someone fplease tell my how this is wal-mart fault?
Posted by: To Anonymous 8:32am on Sep 3, 2008 at 11:16 AM
You say if Walmart had a heart they should pay? R you nuts? So if I come to your house trip on your sidewalk and fall can I sue you and say...Sir if you have a heart you will pay me! GET REAL!
Posted by: Donna on Sep 3, 2008 at 11:09 AM
A bridge leading into a public parking area, should, ideally, have guard rails. This is a safety issue and it wouldn't matter how old or young the driver is.
Posted by: TIM on Sep 3, 2008 at 11:03 AM
I TRYED TYO POST A NICE COMMENT AND SAY THAT MY HEART GO'S OUT TO THIS FAMILY FOR THIER LOSS, BUT HOW CAN U BLAM WAL-MART FOR HER ACCIDENT. JUST BECAUSE WAL-MART IS ONE OF THE RICHEST CORPORATIONS IN THE WORLD DOESNT MEAN U CAN GET MONEY HUNGRY AND TRY TO GET RICH QUIK. NO AMOUNT OF MONEY WILL TAKE AWAY THE BAD MEMORIES OF THAT NIGHT. THIS WAS A YOUNG DRIVER WHO WAS NOT EXPERIENCED AND WAS IN AN ACCIDENT. DONT GO AFTER WAL-MART THATS WHY THE ECONOMY IS AS SCREWED UP AS IT IS, EVRYONE IS ALWAYS LOOKING FOR A EASY QUIK DOLLAR!!!
Posted by: are you serious on Sep 3, 2008 at 10:51 AM
I can't believe this. I do feel for this families loss, but how is Wal Mart at fault? This was a public road. I agree with April. Why let your inexperienced daughter drive on dark wet roads? Why sue for money, it won't bring her back and how can you put a price on her life?
Posted by: ron on Sep 3, 2008 at 10:45 AM
If walmart constructed the bridge leading to their store, and if it is deemed poorly constructed, I don't see why they should not be sued?
Posted by: Chris on Sep 3, 2008 at 10:37 AM
That Family should be ashamed of there selves! Trying to get rich from there daughters death, How in the world is that Walmarts fault? Not to sound mean but the girl was 16 and shouldnt have been driving in the dark and the rain! April im behind you 100 percent!
Posted by: Anonymous on Sep 3, 2008 at 10:30 AM
it was the girl's fault.money hungry people want to sue everybody.
Posted by: Unvbelievable on Sep 3, 2008 at 10:27 AM
This is crazy. WalMart nor the manager of the store had anything to do with this accident. It was caused by a temper tantrum, speed, wet roads, and inexperience. I believe he is trying to ease his own conscience for letting her drive on a night like that.
Posted by: Anonymous on Sep 3, 2008 at 10:16 AM
Sounds more like they are trying to pad their pockets than anything else. Gotta love sue happy West Virginia.
Posted by: rachel on Sep 3, 2008 at 10:14 AM
walmart had nothing to do with that!it was just her time to go!
Posted by: Jeff on Sep 3, 2008 at 09:52 AM
So how does Wally World figure into this?? Did they construct the bridge?? Is this bridge the entrance to their parkinglot or on an access road they built to their parkinglot??
Posted by: ML on Sep 3, 2008 at 09:44 AM
How on earth is Wal-Mart responsible for this accident? I'm sorry for Bower's lost, but the bridge didn't jump out and hit her, it was her driving that caused the accident. This is silly, but I guess if it were my child I would be looking to blame someone as well. Yes raod conditions can cause accidents, but in the drivers manual it tells you to use extra caution when driving on wet roads and at night. I pray that the Bowers will find some comfort some day.
Posted by: B.S.Lawsuit on Sep 3, 2008 at 09:43 AM
Here we go again, another B.S. lawsuit. I remember reading this story back in Feb. They said... Ripley police say several witnesses tell them the teen was driving very fast as she left Wal-Mart and did not stop for a stop sign. She received her license just one week ago. I hate to see anyone get killed, but when are people going to be held accountable for their own actions. I'm not a big fan of Wal-Mart, but in this case I hope they don't give up a dime.
Posted by: Pablo on Sep 3, 2008 at 09:18 AM
Perhaps Wal-Mart should have had guardrails placed near and on the bridge, but this is just another case of someone trying to get rich off of their daughter's tragic death. First, my prayers are for the family. It was such a tragic loss. But look at any of the roads on which we drive daily. In some places rock outcropings along the bank just feet from the road or steep hills ending in streams on the otherside of the road. There was nothing wrong with the road except the young lady drove off it and into the stream. Her inexpierence or carelessness is not the fault of Wal-Mart. Just like its not the state of West Virginia's fault if someone is killed running off the road and hitting a tree. The government cannot remove all dangers that are not on the roadway. While I feel for the victim's family, they should be forced to pay all of Wal-Mart's lawyer's fees because this lawsuit has no merit. Everyone wants something for free. Of course there is always some greedy lawyer pushing for it.
Posted by: Anonymous on Sep 3, 2008 at 09:06 AM
DANG 1.5 million for funeral expenses... Wow, I had better increase my life insurance.
Posted by: wondering on Sep 3, 2008 at 09:05 AM
so can i sue them for 2 of my vechiles being hit in their parking lot one in ripley and one in gallipolis? neither one of them was walmarts or my fault just the other persons fault a inexperience teenager and an older women who did not know how to drive. I am sorry for the families loss but dont sue over something as stupid as this. The teenager didnt know how to handle the situation gunned it out of the entrance when it was wet and dark while talking on a cell phone. (I was there at the scene) Its not walmarts fault so dont blame them and dont try to be like everybody else and sue walmart to get rich quick.
Posted by: Anonymous on Sep 3, 2008 at 09:03 AM
Does anyone know why her pickup struck the bridge? I mean afterall, its nothing that she done wrong. Like maybe trying to turn to quickly on wet roads , etc. I am really sorry for their loss, but displacing blame is not going to bring her back. She was the one driving, she was the one behind the wheel of that truck and she is the one that did not maintain control of her vehicle. So how on earth is this Walmart's fault? I am sorry if this sounds insensitive but I am tired of lawsuits like this...
Posted by: whatever on Sep 3, 2008 at 08:51 AM
What is this world coming to when people's children die and they smell money before their loved one is even cold!! Here this money grubber is forsaken his daughter for cash ! I would at least want to be the one who buries my child ! Having Wal-mart pat for it is about as low as you can go. I could see sueing if they were to blame but not this close to the death itself !
Posted by: Bad Suits on Sep 3, 2008 at 08:47 AM
It is sad that they lost there daughter. But the lawsuit is a Big Crock. Hope i am not on the jury.
Posted by: anon on Sep 3, 2008 at 08:44 AM
You are kidding me????? Why not take responsibility for your own driving actions. Why is everyone else always to blame for someone else's stupidity?????
Posted by: Hmmm on Sep 3, 2008 at 08:43 AM
Didn't know you could put a price on someone like your daughter. I thought last year they said that speed was involved. Point being she shouldn't have been out driving that time of night and without someone in the car with her.
Posted by: what's next? on Sep 3, 2008 at 08:39 AM
Uh...hundreds of people travel across the bridge every day going to and from Wal-mart and they seem to navigate it alright. Maybe I'll sue Wal-mart because their parking spaces are quite wide enough, or maybe because of the strain that is placed on my back from pushing a cart that is not self-propelled! Maybe people should GO TO WORK FOR A LIVING rather than try to get a 1.5 million dollar handout!
Posted by: linda on Sep 3, 2008 at 08:36 AM
another accident, that is an accident, turning into a law suit...why not let her rest in peace and let others help with expenses instead of suing, suing is un-christian and doesn't truly seek the solution to the problem.
Posted by: Anonymous on Sep 3, 2008 at 08:35 AM
Another frivolous lawsuit, when are lawmakers going to do something about this. A 16 year old does not have alot of driving experience in the first place then add rainy conditions on top of that...
Posted by: Debbie on Sep 3, 2008 at 08:32 AM
Now I'm no big WalMart fan, but I do believe people have to take responsibility for their own driving mistakes. Walmart didn't cause her to strike the bridge. Water ponds on roads in many areas, drivers have to slow down when it happens. I understand at 16, she probably was inexperienced, still doesn't make it WalMarts' fault.
Posted by: Anonymous on Sep 3, 2008 at 08:32 AM
if walmart has a heart they should pay this
Posted by: TIM on Sep 3, 2008 at 08:17 AM
I AM TRUELY SORRY FOR THERE LOSS,MY HEART GO'S OUT EVERYTIME A YOUNG LIFE IS LOST! BUT I DO NOT AGREE WITH THE LAWSUIT AGAINST WAL-MART. ACCIDENTS HAPPEN EVERYDAY DUE TO POOR ROAD CONDITIONS. THIS MONEY WILL NOT BRING THIS YOUNG LADY BACK NOR WILL IT TAKE AWAY ANY OF THE HORRIBLE MEMORIES OF THAT FATEFUL NIGHT. WAL-MART IS ONE OF THE BIGGEST CORPORATION'S IN THE WORLD AND WOULD PAY FOR ANY FUNERAL EXPENCES DUE TO THE LOSS OF LIFE ON THIER PROPERTY, BUT 1.5 MILLION IS MUCH. THIS JUST DOESNT LOOK GOOD FROM THE OUTSIDE LOOKING IN!!!!I AM NOT GOING TO SAY WHAT ALOT OF PEOPLE ARE THINKING. AGAIN MY HEART GO'S OUT AND IM SORRY FOR THE LOSS OF THIS YOUNG GIRL.
Posted by: April on Sep 3, 2008 at 08:12 AM
OMG!!! It was an accident and how can someone blame Walmart for her inexperience as a driver? Perhaps he shouldn't have allowed a child who had just gotten her license shortly before she died to be out driving when the roads were wet and in the dark? I hope I'm not the only one who thinks this is INSANE!! I'm sorry for this family's loss but Walmart is NOT to blame for this one and I HATE Walmart!!
Posted by: What on Sep 3, 2008 at 07:54 AM
How is any of that Wal Mart's fault?
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