Posted On: December 5, 2008, 10:52 am CST

Posted By: Steven R. Sundheim, Esq.

What a remarkable attack on me w/o any substance. I am an attorney; have been a defense attorney for almost 25 years in NY; have successfully defended cases for many insurers; never sued for malpractice and for the life of me, have no idea what "claims guy" is taking exception to in simply saying I am not giving a valid analysis. Worker's comp law provides that no tort claim can be made against an employer who provides comp coverage provided the tort was not an intentional one - this death was an accident even if the negligence by Walmart was compelling negligence; if Walmart is not the employer, and is not able to hide behind the doctrine of borrowed servant, it can be sued in tort; otherwise it will be insulated. Claims guy needs to explain why he has attacked me substantively rather than insult my credentials and view w/o an explanation. My comments were/are professional ones submitted for a discussion of applicable law and are based on knowing the law. Perhaps he does not like any comments that suggest that Walmart might escape being held liable in tort and so "shoots the messenger".