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  • Report:  #1202323

Complaint Review: Terrible Herbst - Lake Havasu Arizona

Reported By:
Lynda - Lake Havasu, Arizona,
Submitted:
Updated:

Terrible Herbst
14768 Arizona 95 Lake Havasu, 86404 Arizona, USA
Web:
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Categories:
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My grand daughter (9) and I (73) were entering the Terrible Herbst Mini Mart on Highway 95 fter 10PM on July 25, 2014.  It was a windy night but there is always wind. The door I usually use was locked so I reached for the only available door and as I opened it my grand daughter ran in but the wind caught the door and hit me in the chest and tossed me backwards off the curb into the parking area where I fell across the cement car stop.  I landed on my left side/chest/arm and was down on the pavement.  I could not breathe and the pain was awful.  I tried to get up and could not.  The store clerk called 911 and they told me to not get up. About 20 minutes for the ambulance to arrive and my grand daughter sat beside me while I consoled her.  We were both scared.  Hospital said blunt force trama to chest and ribs.  I was released home after some hours and told to take frequent deep breaths to keep my lung from collapse.  I did this for 3 weeks.

Five days of severe pain, bruises on my left side ribs, my left arm bruised badly from elbow to underarm. I could not breathe properly, short and painful. Cannot still sleep on my left side. My daily walks are very short now. My entire life has changed because of the pain and inability to do certain things.

It is now 6 months later and I still have pain and I am not who I was prior to this accident.

I contacted Terrible Herbst store and was told someone would call me from their insurance, Nationwide Mutual Insurance Company.  I was contacted by Sukhjit Cheema-Atwal and I gave her a verbal taped report. After taping, she conversed with me in a tone which reminds me of how I talk to a 3 year old.  She said, "Why, when you saw it was windy, did you not get back into your vehicle and go home"   My response was "Are you serious? We were on our way somewhere and it was 40 minutes to go back home"  That was just one of the comments which makes me know there is nothing more I can say to her.

She asked what I felt could have been done to prevent what happened and why did I feel there is liability on their part and I told her that the door was locked, the clerk was tying up the other doors (she told me this) so he perecieved an obvious threat with respect to the doors and there was knowledge of a possible problem.  We on the other hand had about 7 seconds to jump out of the truck and run to the door to get out of the wind. He already knew, evidenced by his tying doors shut, that there may be a problem.  Care should have been taken to see the customer (we were the only ones) was safe in entering the store. 

They have denied all liability and can see no negligence on their part.  There is a video which shows the door hitting me but does not show me landing backwards off the curb.

I am on social security (not much) and the doctor bills have caused me more stress and depression.  If someone gets hurt on my property my insurance covers them for their medical bills.  

I don't know what to do but pay the bills a little each month.  I have contacted a few attorneys, but I guess it is not a settlement thing of enough value to warrant their time. I really just wanted my medical stuff covered.  

The worst thing at this time is the emotional strain combined with the pain (still) and knowing there is really nothing I can do.  Or if there is something, I would really love to hear from someone and will take advice.  I think about this every day and this is the first thing I have done that makes me feel positive. 



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