View Full Version : Wal-Mart employee trampled to death by customers
http://www.nytimes.com/2008/11/29/business/29walmart.html?ref=business
Words fail me.
Smakutus
11-28-2008, 02:04 PM
Morons.. I drove by my local Walmart today at around 3:40am and there was a line out front at least 100 yards long.
Jeff
scott757
11-28-2008, 02:04 PM
I wonder how many people are going to say "I told you Wal-Mart is evil."
I hope they prosecute some people. Big time.
Born2Blues67
11-28-2008, 02:05 PM
There would be no way i could go shopping right after Thanksgiving,
no matter how good the bargains were. People can be crazy some-
times.
Altanon
11-28-2008, 02:06 PM
Note how Wal-Mart is already avoiding liability...
somedude
11-28-2008, 02:06 PM
And we call ourselves civilized....
Smakutus
11-28-2008, 02:10 PM
Note how Wal-Mart is already avoiding liability...
When people start ripping the doors off their frames it's hard to blame Walmart for that. Maybe that shouldn't let them line up at the door? Push em back about 100 yards from the door and let them run in the parking lot at the opening and get over the pushing and shoving out there first?
Jeff
ocripes
11-28-2008, 02:16 PM
[quote=rh;5095374]http://www.nytimes.com/2008/11/29/business/29walmart.html?ref=business
Words fail me.[/quote
Not me: what a bunch of god damned f!*!#$-up stinking s^&*. And what will change as a result? Nada, zilch, bupkis, zed.
Remember The Who in Cincy? Changes were made after that.
No chance here though. Will WalMart, et al change policy after this? Nope. Will that guy's family get anything close in return? Nope. Is the great sprit, god, big kahuna, whomever looking down and thinking, "Man, did I screw up with these guys?" Maybe.
fender753
11-28-2008, 02:23 PM
Wow thats just terrible, people can be so crazy sometimes.
pbradt
11-28-2008, 02:33 PM
Not surprised here. Lots of folks buying useless crap. "Tempting the mindless with the useless" is a phrase I use regularly.
Black Friday is the epitome of that.
hbentley
11-28-2008, 02:36 PM
that's horrible... hate to hear that
"One shopper, Kimberly Cribbs, said she was standing near the back of the crowd at around 5 a.m. on Friday when people started rushing into the store. She said several people were knocked to the ground, and parents had to grab their children by the hand to keep them from being caught in the crush. "
As horrible as this is....who in the hell brings their kids at 5 in the morning to shop?
gkoelling
11-28-2008, 02:42 PM
Guys, there's already a thread going on this.
http://www.thegearpage.net/board/showthread.php?t=470208
zekmoe
11-28-2008, 02:42 PM
It's either a terrible tragedy, or natural selection. I haven't decided yet.
jackevorkian
11-28-2008, 02:51 PM
Our culture is truly disgusting. I am embarassed to live in a society where 2000 people line up at 3:30am outside a Walmart to buy poorly made crap from China.
todd richman
11-28-2008, 02:53 PM
And a shooting at a toy store in Palm Desert California also. Black Friday is out of control.
jackevorkian
11-28-2008, 02:53 PM
It's either a terrible tragedy, or natural selection. I haven't decided yet.
It would be natural selection if it were one of the shoppers that were trampled, not an employee.
Humerous post, nonetheless.
Bones
11-28-2008, 02:54 PM
Our culture is truly disgusting. I am embarassed to live in a society where 2000 people line up at 3:30am outside a Walmart to buy poorly made crap from China.
how would you feel if your society routinely trampled people to death at a religious pilgrimage or sporting event. The US doesn't have a lock on stupid human tricks by any means. Chances are, no matter where you live, if you are so inclined, you can find something about your society to be disgusted about or ashamed of.
Guitar Josh
11-28-2008, 02:55 PM
MASSIVE recovery for this guy's family.
HEY!YOU!
11-28-2008, 03:05 PM
I wonder how many people are going to say "I told you Wal-Mart is evil."
Well they are......
Nothing surprises me any more when it comes to human beings.
jackevorkian
11-28-2008, 03:26 PM
how would you feel if your society routinely trampled people to death at a religious pilgrimage or sporting event. The US doesn't have a lock on stupid human tricks by any means. Chances are, no matter where you live, if you are so inclined, you can find something about your society to be disgusted about or ashamed of.
Couldn't agree with you more. But, somehow the fact that this happened due to the excitement of getting cheap plastic shit for half price, seems to take it to the next level and makes it uniquely American.
6Tones
11-28-2008, 03:40 PM
And..the store Reopened at 1pm the SAME DAY??!
Us humans as a species are the lowest on the planet,animals at least kill for a reason,not cheap china tableware.
mge80
11-28-2008, 03:42 PM
I guess the shootings in the Toys-R-Us was NOT over "poorly made crap from China", as Walmart has cornered THAT market.:rolleyes:
imguitardan
11-28-2008, 04:05 PM
Merry Xmas
Solomon
11-28-2008, 04:14 PM
History repeats itself. The Europeans purchased Manhattan from the Natives for beads & trinkets and now the Americans are selling the US to the Chinese in exchange for plastic junk.
voodoochile
11-28-2008, 04:20 PM
I wonder how many people are going to say "I told you Wal-Mart is evil."
I hope they prosecute some people. Big time.
okay, I will bite... "I told you Wal-Mart is evil."
And..the store Reopened at 1pm the SAME DAY??!
Us humans as a species are the lowest on the planet,animals at least kill for a reason,not cheap china tableware.
Samuel Clemens, as usual, said it pretty well:
"Man is a marvellous curiosity. When he is at his very, very best he is sort of a low-grade nickel-plated angel; at his worst he is unspeakable, unimaginable; and first and last and all the time he is a sarcasm."
Mark Twain
kebotrans
11-28-2008, 04:46 PM
Walmart was based on the American way yet it pushes companies to make there products overseas so they can sell them to people here cheaper all the while destroying our own countries economy. TO make it worse there are enough idiots trying to get in one that they actually kill another human being. India has terrorists holding hostages and we have our own neighbors trampling each other to get a da*% Wii. Go Figure. To the people outside of this great country we have to look like a bunch of idiots.:mob
Gas-man
11-28-2008, 04:51 PM
I think when more details become available, many of you will be dialing back the condescension considerably.
The Last Rebel
11-28-2008, 04:51 PM
I know I shouldn't be, but I'm shocked and appalled. Is it really worth someone's life so that you can get some worthless trinket at 20% off? It saddens and sickens me that I have to say this, but that encompases entirely what America has become.
rattles
11-28-2008, 04:53 PM
Words escape me over this situation. :FM
madsr
11-28-2008, 05:01 PM
"One shopper, Kimberly Cribbs, said she was standing near the back of the crowd at around 5 a.m. on Friday when people started rushing into the store. She said several people were knocked to the ground, and parents had to grab their children by the hand to keep them from being caught in the crush. "
As horrible as this is....who in the hell brings their kids at 5 in the morning to shop?
single parents with not a lot of money maybe?..
My question is how one can just walk right by or over people who are critically injured like it was nothing in order to save 50% on something.
gag halfrunt
11-28-2008, 05:20 PM
Not surprised here. Lots of folks buying useless crap. "Tempting the mindless with the useless" is a phrase I use regularly...
Good phrase.
MudPies
11-28-2008, 05:27 PM
I'd like to see Walmart close down just as much as the next guy, but is the company going to get the full blame because a bunch of humans acted like idiots?
isfahani
11-28-2008, 05:28 PM
And we call ourselves civilized....
What's this we shit?
All I want to know is if the comsumer gods are appeased with just one, or if they need more...
brooksrocco
11-28-2008, 05:28 PM
I'd like to see Walmart close down just as much as the next guy, but is the company going to get the full blame because a bunch of humans acted like idiots?
Or are they idiots acting like humans?
MudPies
11-28-2008, 05:31 PM
Often enough humans = idiots so either way works.
pir8matt
11-28-2008, 06:03 PM
More good news:
2 dead after shots fired in SoCal Toys 'R' Us
http://www.google.com/hostednews/ap/article/ALeqM5jMJP9ep_VABDoexPPDXfIDbnJL6gD94O6OP01
Maybe we can just ask the stores to start closing on the friday after thanksgiving from now on. I'd hate for thanksgiving to start being associated with the memory of shootings and tramplings.
lhallam
11-28-2008, 06:13 PM
Crowd behavior can be a dangerous thing no matter the cirumstance.
kebotrans
11-28-2008, 06:21 PM
I dont think. I dont think you can justify trampling anyone to shop at Wal Mart
The Last Rebel
11-28-2008, 06:23 PM
Crowd behavior can be a dangerous thing no matter the cirumstance.
http://www.aoe.vt.edu/~cdhall/img/Idiocy.jpg
rob2001
11-28-2008, 06:30 PM
Crowd behavior can be a dangerous thing no matter the cirumstance.
Agreed. How many people lost thier lives attending a rock concert? Terrible tragedy though.
UndergroundVint
11-28-2008, 06:35 PM
Maybe we can just ask the stores to start closing on the friday after thanksgiving from now on. I'd hate for thanksgiving to start being associated with the memory of shootings and tramplings.
If we can spin the screwing over of Native Americans into a holiday then squashing a few shootings shouldn't be a problem.
And as far as Wal-Mart doing anything to prevent a trampling from happening again, I wouldn't hold my breath. They did nothing for years when their parking lots were known hotbeds for rapes and other violent crimes. Wal-Mart owns companies in China that works pre-teens to the bone to make the stuff that Americans buy. All for a little extra profit.
A single American getting trampled to death is a bargain for this company.
RichSZ
11-28-2008, 06:35 PM
There would be no way i could go shopping right after Thanksgiving,
no matter how good the bargains were. People can be crazy some-
times.
Sometimes? I'll raise you "most of the time"
How someone, after being a party to that, could ever experience a shred of enjoyment from whatever material thing they bought that day. I suppose such people exist. Jeez, someone's son/brother/nephew/father/husband won't be coming home.
IMHO, different social class, but the same mentality as the @ssholes who just strip-mined our financial system, stiffed the shareholders, pocketed obscene bonuses on the way out the door, then asked to be bailed out by same people they just f*****d over. Soul-less. Completely soul-less. All of them.
Al Qaeda are probably laughing their @sses off. After all, we are proving to the whole world that what they accused us of is true - we cannot control our appetites.
gkoelling
11-28-2008, 08:22 PM
History repeats itself. The Europeans purchased Manhattan from the Natives for beads & trinkets and now the Americans are selling the US to the Chinese in exchange for plastic junk.
prophetic
Ricman
11-28-2008, 08:33 PM
I know I shouldn't be, but I'm shocked and appalled. Is it really worth someone's life so that you can get some worthless trinket at 20% off? It saddens and sickens me that I have to say this, but that encompases entirely what America has become.
Agree with all who are appalled. This would not be worth it for ANYTHING. So pitifully sad.
Redbell
11-28-2008, 08:34 PM
The day of that employees funeral, every Wal-Mart in the world should stay closed for the entire day. The flag should fly at half-mast and the people responsible should be charged with manslaughter.
The Last Rebel
11-28-2008, 08:39 PM
The day of that employees funeral, every Wal-Mart in the world should stay closed for the entire day. The flag should fly at half-mast and the people responsible should be charged with manslaughter.
Every single person that walked by him without rendering aid should be charged with something. They're all responsible for this.
kebotrans
11-28-2008, 08:56 PM
Hell I am not blaming Wal-Mart I blame the idiots that stormed the store. I think though it was in a Spider Man move they said with Great Power (Wal Mart) comes great responsibility. Like if you have that many idiots that need to buy something that bad then police the entry as not to have this happen. The Wal Mart Marketing people should get a raise they managed to not only get people to shop today but to kill a person in the process. This country is turning into something I think a lot of us do not care for.:FM
However I am sure there a lot of people on the page here that have had a Wal Mart displace there town a little.
Teleplayer
11-28-2008, 08:57 PM
Amazing what some people will go through to save $0.12 on 2 1/2 ounces of deoderant....
gkoelling
11-28-2008, 09:03 PM
Amazing what some people will go through to save $0.12 on 2 1/2 ounces of deoderant....
Are you sure they use it?
jimfog
11-28-2008, 09:08 PM
Are you sure they use it?
Yes....it's always "they" and "them" that this kind of stuff happens to.
Thank god it's not "us", huh?
wstsidela
11-28-2008, 09:20 PM
"Clean up in Aisle 6"
cottoneyedjoe
11-28-2008, 10:45 PM
I'd like to see Walmart close down just as much as the next guy, but is the company going to get the full blame because a bunch of humans acted like idiots?
Actually, yes. They probably will.
Case in point. A well known retailer was sued by a family recently for causing the death of a thief who had stolen several thousands in merchandise. The loss prevention (security dude) gave chase when the thief ran. He ran into traffic. Thus killing said thief.
The company lost the suit to the thief's family because....(wait for it....)....
If the security officer had not of persued the theif he would not have been hit by the vehicle. This company lost well into the millions.
I can almost assure you there is a lawyer, right this very moment, working on the suit as we speak. "If Wal Mart did not entice consumer madness with outrageous black Friday sales, my client would not have been trampled." Mock my words... It will happen, and Wal Mart will settle.
Personally, law enforcement should review the tapes and arrest the first twenty five people responsible for the rush and hold them legally accountable for causing this man's death.
Once again, those cutomers have placed the value of material goods over human life. Amazing.
Greggy
11-28-2008, 11:08 PM
"Clean up in Aisle 6"
Yes! LOL
But seriously, the probable recourse for the victim and family is workers' compensation. At least I suspect that is the case, unless an enterprising attorney comes up with an alternative theory and can sell it to a judge.
Glowing Tubes
11-29-2008, 12:21 AM
Disgusting. Just how f*cked up do you have to be to do something like that.
Hope it get's a lot of press and people actually try to think a little before they go racing in to a store like that again, but they probably wont. Price paid is way too high.
Disgusting.
RC
The Pipast
11-29-2008, 01:53 AM
How someone, after being a party to that, could ever experience a shred of enjoyment from whatever material thing they bought that day. I suppose such people exist. Jeez, someone's son/brother/nephew/father/husband won't be coming home.
IMHO, different social class, but the same mentality as the @ssholes who just strip-mined our financial system, stiffed the shareholders, pocketed obscene bonuses on the way out the door, then asked to be bailed out by same people they just f*****d over. Soul-less. Completely soul-less. All of them.
Al Qaeda are probably laughing their @sses off. After all, we are proving to the whole world that what they accused us of is true - we cannot control our appetites. +1,000,000...In many ways,these kinds of people are WORSE than terrorists.At least you know what you've got with terrorists,they don't make any bones about the evil they want to inflict upon us. Tragically,the days are long gone when you can look at an average American (whom you don't know) and say with any semblance of confidence that, 'He/she is one of the good guys/gals'.Dispicable! :FM
phoenix 7
11-29-2008, 03:18 AM
With the shooting in Toys 'R' Us "Black Friday" is starting to sound ironically appropriate.
http://news.yahoo.com/s/ap/20081129/ap_on_re_us/toy_store_shooting;_ylt=AvMsIUI7D97c0KoKu.BvuMus0N UE
The thief's family won a judgment from what you explained, the next question I would have is, were they paid? Everyone thinks these big judgments are paydays, but they are not. If you are the said retailer are you more likely to spend $500,000 more on an endless list of appeals that the other party cannot afford OR to hand over a check for $3,000,000? The company wants to stretch it out, hope the participants die before resolution, etc...
Just as McDonald's did not fork over $2.7m for the coffee suit of GM $110m for the pick up case.
While many of these cases are performed on a % basis, eventually the attorneys for the victim determine what the maximum realistic payout will be and compare that to their costs, then pushing their client to settle.
Actually, yes. They probably will.
Case in point. A well known retailer was sued by a family recently for causing the death of a thief who had stolen several thousands in merchandise. The loss prevention (security dude) gave chase when the thief ran. He ran into traffic. Thus killing said thief.
The company lost the suit to the thief's family because....(wait for it....)....
If the security officer had not of persued the theif he would not have been hit by the vehicle. This company lost well into the millions.
I can almost assure you there is a lawyer, right this very moment, working on the suit as we speak. "If Wal Mart did not entice consumer madness with outrageous black Friday sales, my client would not have been trampled." Mock my words... It will happen, and Wal Mart will settle.
Personally, law enforcement should review the tapes and arrest the first twenty five people responsible for the rush and hold them legally accountable for causing this man's death.
Once again, those cutomers have placed the value of material goods over human life. Amazing.
HoboMan
11-29-2008, 07:13 AM
Personally, law enforcement should review the tapes and arrest the first twenty five people responsible for the rush and hold them legally accountable for causing this man's death.
Once again, those cutomers have placed the value of material goods over human life. Amazing.
The first 25 people had 1975 people pushing them from behind. I honestly think that the people in front didn't purposely push the door down. It was a crowd of 2000 pushing and the people at the front were probably pushed so hard against the door that it broke open. At that point you have a flood of people gushing in, just like if you broke a dam and water came flooding in.
Chances are, the people at the front were pushed 30 or 40 feet into the store before they were able to move on their own. They probably didn't even know someone was hurt/killed until later.
teleamp
11-29-2008, 07:27 AM
our culture is truly disgusting. I am embarassed to live in a society where 2000 people line up at 3:30am outside a walmart to buy poorly made crap from china.
+100
Brian D
11-29-2008, 07:37 AM
A guy being trampled to death is disturbing enough, but then you read this:
"When they were saying they had to leave, that an employee got killed, people were yelling 'I've been on line since yesterday morning,'" she said. "They kept shopping."
I just don't have the words...
Link: http://apnews.myway.com//article/20081129/D94OJ4NG0.html
davebc
11-29-2008, 08:15 AM
The Walmart incident makes going to a concert(with 15,000 more people, alcohol, and all the rest)
like going to a girl scout meeting. Who would have thunk it?
What's next? Will Walmart be hiring Hell's Angles for security?
Thwap
11-29-2008, 08:20 AM
The first 25 people had 1975 people pushing them from behind. I honestly think that the people in front didn't purposely push the door down. It was a crowd of 2000 pushing and the people at the front were probably pushed so hard against the door that it broke open. At that point you have a flood of people gushing in, just like if you broke a dam and water came flooding in.
Chances are, the people at the front were pushed 30 or 40 feet into the store before they were able to move on their own. They probably didn't even know someone was hurt/killed until later.
Absolutely.
I've been to enough concerts to know that when the crowd decides you move...you move.
There is absolutely no choice in the matter.
sonhenry
11-29-2008, 08:23 AM
and the company calls it 'an unfortunate event'.
Teleplayer
11-29-2008, 08:51 AM
The scary thing is the collective idiocy of the 2,000 people waiting in line. If they shopped Monday (12/1), there would be no lines - just business as usual at that store. And people would still be able to save $0.12 on their deoderant on 12/1.
telecopter
11-29-2008, 08:55 AM
A guy being trampled to death is disturbing enough, but then you read this:
"When they were saying they had to leave, that an employee got killed, people were yelling 'I've been on line since yesterday morning,'" she said. "They kept shopping."
I just don't have the words...
Link: http://apnews.myway.com//article/20081129/D94OJ4NG0.html
I do...PIGS.:jo
Bones
11-29-2008, 09:00 AM
The first 25 people had 1975 people pushing them from behind. I honestly think that the people in front didn't purposely push the door down. It was a crowd of 2000 pushing and the people at the front were probably pushed so hard against the door that it broke open. At that point you have a flood of people gushing in, just like if you broke a dam and water came flooding in.
Chances are, the people at the front were pushed 30 or 40 feet into the store before they were able to move on their own. They probably didn't even know someone was hurt/killed until later.
Apparently, there was a group of about 200 who didn't want to wait on(in) line with everyone else and they rushed the doors purposely to break through.
bigkahuna2u
11-29-2008, 09:04 AM
It's becoming a more desperate and insane world!
Captain Midnite
11-29-2008, 09:29 AM
them long island shoppers is tough customers
ocripes
11-29-2008, 09:46 AM
They had advertised $100 Klons and KOT's...
telecopter
11-29-2008, 09:50 AM
They had advertised $100 Klons and KOT's...
Wouldn't matter to me...
cottoneyedjoe
11-29-2008, 10:00 AM
http://www.msnbc.msn.com/id/27955316
It appears police are now seeking to charge the customers responsible.
Wow, justice. That is a funny thought....
No, Joe, the customer ISN'T always right....
cottoneyedjoe
11-29-2008, 10:04 AM
The thief's family won a judgment from what you explained, the next question I would have is, were they paid? Everyone thinks these big judgments are paydays, but they are not. If you are the said retailer are you more likely to spend $500,000 more on an endless list of appeals that the other party cannot afford OR to hand over a check for $3,000,000? The company wants to stretch it out, hope the participants die before resolution, etc...
Just as McDonald's did not fork over $2.7m for the coffee suit of GM $110m for the pick up case.
While many of these cases are performed on a % basis, eventually the attorneys for the victim determine what the maximum realistic payout will be and compare that to their costs, then pushing their client to settle.
The fact truly is that with all the publicity that this case got, the company actually lost millions. Defending a lawsuit like this whether they paid or not still hurts the company's image. McDonald's toll for the "hot coffee" suit cost them more than they would ever like to admit. Communication to every store in the country to destroy the cups and have new cups printed probably would cost more than the settlement itself.
I know in one recent case, that was not paid, for a retailer I work with, cost the company roughly $12 million just to defend it. They won the case. However, they lost $12 million in the process.
And actually, yes, the thief's family in this case was paid. The company had to rewrite every training manual they had, plus go through tremendous amounts of "sensitivity training" to cover the incident. That is why it is called "loss prevention". The ruling itself stated that if a thief was to run with the merchandise, it was the company's fault for putting innocent civilians in danger (the driver of the vehicle, other customers, etc...) for initiating the persuit.
elkym
11-29-2008, 10:09 AM
I Hate black friday.
scott757
11-29-2008, 10:21 AM
Well they are......
okay, I will bite... "I told you Wal-Mart is evil."
I won't argue that they aren't. But no one has been able to show me why they are. But let's not hi jack the thread. If you wish to sway my opinion PM me so the mods don't get mad.
JMintzer
11-29-2008, 11:36 AM
I just removed several "Over-the-Top" posts regarding the crowd. Any further posts in that light will result in immediate infractions!
Jamie
loudboy
11-29-2008, 12:08 PM
While many of these cases are performed on a % basis, eventually the attorneys for the victim determine what the maximum realistic payout will be and compare that to their costs, then pushing their client to settle.
What a fantastic system!
The lawyers make millions, the company loses money and the victim doesn't get compensated...
Never understood the huge lines. Like when an Ikea opened for the first time in this town. 1, I'd never heard of an "Ikea" before, 2 why the hell were people lining up for DAYS to get in when it opened? Not because of a huge discount, but only because it was opening for business!
This story is sickening BTW.
loudboy
11-29-2008, 03:41 PM
Never understood the huge lines. Like when an Ikea opened for the first time in this town. 1, I'd never heard of an "Ikea" before, 2 why the hell were people lining up for DAYS to get in when it opened? Not because of a huge discount, but only because it was opening for business!
This story is sickening BTW.
Remember the traffic jams for Krispy Kreme donuts? Now they're all shuttered...
It's a friggin' DONUT people.
scottl
11-29-2008, 06:04 PM
Hi Joe,
Please provide me a link to this case you refer to. I can't believe any jury would side with the thief. Until I see it, I don't believe the facts as presented...
Thanks!
The fact truly is that with all the publicity that this case got, the company actually lost millions. Defending a lawsuit like this whether they paid or not still hurts the company's image. McDonald's toll for the "hot coffee" suit cost them more than they would ever like to admit. Communication to every store in the country to destroy the cups and have new cups printed probably would cost more than the settlement itself.
I know in one recent case, that was not paid, for a retailer I work with, cost the company roughly $12 million just to defend it. They won the case. However, they lost $12 million in the process.
And actually, yes, the thief's family in this case was paid. The company had to rewrite every training manual they had, plus go through tremendous amounts of "sensitivity training" to cover the incident. That is why it is called "loss prevention". The ruling itself stated that if a thief was to run with the merchandise, it was the company's fault for putting innocent civilians in danger (the driver of the vehicle, other customers, etc...) for initiating the persuit.
rivaeast
11-29-2008, 06:17 PM
When people start ripping the doors off their frames it's hard to blame Walmart for that. Maybe that shouldn't let them line up at the door? Push em back about 100 yards from the door and let them run in the parking lot at the opening and get over the pushing and shoving out there first?
Jeff
No I cannot agree with you. There is plenty of precedent for mob behavior like this and the company has some culpability in this. I'm in Cincy and was at the Who concert where something similar to this happened. The mob was certainly at fault... so was the lack of security...
devbro
11-29-2008, 11:13 PM
The wife and I arrived at Walmart out here in LA at 4:50AM that morning and the line was all the way around the building. They had chanined shopping carts together to create a giant funnel to feed the crowd through a one double door. At 5:00AM when a guy went to open the door, we watched the entire crowd "surge" forward and compress all at once. It reminded me of squirting lighter fluid on a hot barbeque when the fire starts and makes that sound - it was spooky. It easily could have been the same tragedy out here.
Hi Joe,
Please provide me a link to this case you refer to. I can't believe any jury would side with the thief. Until I see it, I don't believe the facts as presented...
Thanks!
I agree. I'd like to see any citation too.
cottoneyedjoe
11-30-2008, 09:03 AM
This one was settled out of court for an undetermined amount. This is one of many.
Two teenage employees at Albertson's chased a suspect too aggressively out of the parking lot after she allegedly stole groceries, causing her to become agitated, drive over the speed limit and crash into a tree.
The woman's 9-year-old daughter died in the accident.
Anita Durrett, 42, has already been convicted of vehicular manslaughter as a result of the crash. She faces sentencing — up to two years in prison — on May 14.
Durrett filed the suit in Snohomish County Superior Court earlier this month, contending that three store employees were at least partly to blame for the accident last June. The lawsuit seeks an unspecified amount of damages.
"She shouldn't have put herself in that position, to start the chain of events," said Durrett's attorney, Jim Rosenberger.
"But (the employees) had her license-plate number, her description. They could have called 911, and the cops would have showed up at her house. They decided to instigate something. This is a two-part deal. We're bewildered as to why they didn't call the police right away."
Jeannette Duwe, Albertson's spokeswoman, said the company won't comment in detail on pending litigation. Albertson's has until the end of the month to respond to the suit.
"But we believe that our employees did act reasonably," she said.
State law says that store employees have a right to use a "reasonable" amount of force to apprehend and detain suspected shoplifters while on the business premises. But it offers no specifics on what constitutes reasonable.
According to police, on June 9, Durrett left the store without paying for $266.16 worth of groceries. She was confronted in the parking lot by two teenage employees and an assistant manager, who demanded a receipt.
She didn't have one and fled the parking lot in her station wagon, leaving the groceries behind.
The manager ordered the two employees, who had a cellphone, to follow Durrett in one of their cars. They caught up with Durrett about a mile away while she was stopped at a red light.
According to the lawsuit, one of the employees got out of the car at that point and "confronted her at the stoplight, and accosted her verbally and physically." Rosenberger said the employee placed his foot on her bumper.
"Anita in her fear of their intentions drove away from the point of confrontation," the lawsuit says.
The employees began chasing her again and "realizing she was being hotly pursued, she increased her speed over the posted speed limit."
Police estimate that both cars were traveling in excess of 90 mph. The crash happened just north of the King-Snohomish county line.
Rosenberger believes the employees knew that the 9-year-old child was in the front seat. Because of that, their actions were reckless, he said. They should also have used the cellphone to call for help during the chase, Rosenberger said.
They didn't call police until Durrett crashed, about 2½ miles from the store, Rosenberger said.
Representatives of shopping centers and security companies that patrol supermarkets said they caution employees about confronting shoplifters because of the potential danger and because of the possibility of civil liability.
Now, here is the reason why:
There are cases which suggest that, when store employees do attempt to pursue a bolting shoplifter, the pursuit may constitute negligence. For instance, in Williams v. McCrory's Department Store, 354 So.2d 725 (La.App. 1978), cert. denied, 356 So.2d 1004 (La. 1978), where a security guard pursued and eventually caught a suspect, the court ruled that the pursuit by the security guard was a substantial factor in the injury and concluded that the security guard had deviated from approved police procedure in making the pursuit. Somewhat similarly, in McClure v. Allied Stores of Texas, Inc., 608 S.W.2d 901 (Tex. 1980), on remand Tex.App. 622 S.W.2d 618 (1981), the court held that the negligence of a security guard in chasing one of two shoplifters through a crowded mall was a substantial factor, cause in fact, and a proximate cause of a collision between the shoplifter and the customer. The court concluded that the shoplifters ran as they did because they were being closely pursued by security guards.
Also, consequently, Albertson's sold to Giant Foods a few years later. Giant Foods at that point had to settle a wrongfull death suit with a shoplifters family for killing the shoplifter after chasing him and detaining him. The family was awarded $35.2 million. They later settled for an undisclosed amount also.
It happens everyday folks. That is why insurance premiums are so high. This employee's (Wal Mart) family will receive a settlement. You may not always hear the details, but they will settle.
Consequently McDonald's DID pay the plaintiff in the hot coffee case $600,000 after all was said and done. The reason being was that they were negligent in the manor in which they served their coffee. That is not even counting the bad publicity, attorney fees, manual rewrites, cost of materials (for warning lables), damage to image.
Do a search for retail loss prevention rules and regulations. There are many and many are argued widely. However, each state has its own rules how customers should be protected. There are arguments currently that a shoplifter is NOT a customer. However, it is the retailers duty to protect all customers even those that may steal while on their premesis or in persuit off of a premesis during a shoplifting incident.
"When in doubt, let it out". That's what we always said in retail.
Consequently, I had a friend who was shot to death by two men for giving chase to them two days before Christmas, for stealing shoes....
It should be about employee protection. That is why it is called LOSS PREVENTION. That Wal Mart location did not have enough security. That right there will help this gentleman's family with a HUGE settlement.
Twangdaddy
11-30-2008, 10:41 AM
I can only feel for the employee and their family. I've worked retail Christmas at a camera store back East and it was barbaric enough. I can't imagine Black Friday at a Wal-Mart. The only way to survive retail Christmas is to realize that, no matter what you do, sometimes you are a punching bag for some people, and that you can win by being decent to them anyway.
Sadly, I think it's the price of modern life. You have to be on your toes when you're in a large crowd, be it a sporting event, music festival or out shopping. Which is one of the reasons I live in remote New Mexico.
pasqualejoe
12-01-2008, 02:02 AM
Two things to say.
First thing I would have done would have been to lock down the entire store....call in a bunch of school buses...and detain every single a-hole in the store until after Xmas.
Secondly...it's New York....sorry if this pisses anyone off...but I have been there plenty of times and the whole culture is much different than here in the Midwest.
bilbal
12-01-2008, 02:36 AM
Unbelievable. Someone lost their life as a result of others' greed. It make me sick and was COMPLETELY AVOIDABLE. Happy Holidays. I hope his family and friends can find a way to.
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