OFF BEAT: Woman runs into lawsuit hurdle after competing in walkPosted On: Feb. 25, 2013 12:00 AM CST
A woman who is suing Cabela’s Wholesale Inc. over a parking lot car crash has reportedly been accused of competing in a 20K walk in spite of her alleged injuries.
Erica Tamburin and her child allegedly were hurt in November 2009 when another woman reportedly hit Ms. Tamburin’s truck in a Cabela’s parking lot, according to Ms. Tamburin’s 2011 complaint filed in West Virginia’s Ohio County Circuit Court. Ms. Tamburin sued the other driver and Cabela’s, claiming that her injuries were caused by the defendants’ “careless and negligent acts.”
Ms. Tamburin said she suffered injuries to her “head, neck, shoulders, back, chest, arms, legs, body chemistry and psyche,” as well as “annoyance, inconvenience,” pain and emotional anguish. Ms. Tamburin’s child also suffered “a loss of the love, society, comfort, companionship and services” of Ms. Tamburin after the accident, her complaint said.
However, Ms. Tamburin competed in a 20K walk during the Ogden Newspapers Half Marathon in May 2010, finishing 50th out of 173 walkers, according to a report from the West Virginia Record. The race results are expected to be submitted as evidence in Ms. Tamburin’s case, which was remanded to a circuit court this month by a U.S. District Court judge, the paper said.
“I’m very pleased to hear that (Ms. Tamburin has) gotten better and has resumed her normal activities,” said Thomas Buck, a defendant’s attorney who spoke with the West Virginia Record.