Wal-Mart sues to get car crash settlement from employee

By Jim Greene

Published on August 16, 2005

Debbie Shank was hurt when her minivan was hit by a tractor-trailer as she made a U-turn on a Missouri highway. She suffered brain damage, which confined her to a wheelchair. She can move only one arm and two fingers, lost her memory, and has holding a normal conversation. Shank received $417,000 in a settlement with G.E.M. Transportation Inc. and James David Shivers, the driver of the truck. Wal-Mart's health plan wants that money and at least $51,000 more, to recover the costs of medical bills it paid in the case.

A Wal-Mart spokesperson said such suits are not uncommon for companies that finance their own health plans. He said the company has not decided whether or not to pursue the case, but was filing to meet a required deadline, in order to keep its options open.

According to court documents, the August 2002 settlement was for $900,000. Attorneys' fees and expenses totaled $363.243, leaving $417,477 for an irrevocable trust set up for Shanks' care and $119,280 for her husband Jim, who was not named in the Wal-Mart suit.

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