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Originally Posted by Wagner
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File a countersuit against the family for what? Why throw out the lawsuit?
Of course you sue everybody who you feel is potentially liable! During the discovery phase you determine who should remain in the suit and who should be dismissed. If you do not sue the proper entities and that entity is later to be found liable, then you would be looking at an "empty chair." Then you are stuck like Chuck and would be filing a malpractice suit against the attorney... and rightfully so.
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Damour, a 6-foot-5, 270-pound temporary worker, was asphyxiated at the Wal-Mart in Valley Stream, N.Y., Friday morning while trying to shield a pregnant shopper from the throngs of bargain hunters pushing their way in.
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Sue the family? This guy saved a catastrophy from becoming a nightmare. (if there is any difference in the two).