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Author Topic: RVer Sues Walmart over Unsafe parking Lot  (Read 26458 times)

Gary RV_Wizard

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RVer Sues Walmart over Unsafe parking Lot
« on: August 01, 2010, 03:52:13 PM »
An RVer is suing Walmart, claiming they were negligent about keeping the parking lot safe for their invited RV guests. This is after they shot and killed a man who allegedly entered their coach while the couple was in Cedar City, UT Walmart parking area.  Supposedly the man knocked on the door of their coach and asked about a ride south, then got into a struggle over the RVers shotgun and  ended up dead.  Read the full news report on the link below.

They claim they suffer ongoing medical problems and emotional distress from the incident and are asking for general damages and   coverage of medical and court costs.

http://www.sltrib.com/sltrib/home/50025826-76/stubbs-walmart-lot-parking.html.csp

[rant]
I hate to see this kind of lawsuit. Pure opportunism, in my view. Sue the big guy because he has deep pockets. This is the sort of thing that makes businesses refuse to extend courtesies to the public, e.g. Walmart's RV parking policy. You can bet the Walmart lawyers are arguing right now that this policy leaves Walmart vulnerable to this sort of thing and ought to be terminated.

[end rant]
Gary
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Wendy

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #1 on: August 01, 2010, 04:05:56 PM »
Stop overnight at WalMarts now because it'll be off limits any day now thanks to those lawsuit happy people. Only argument WMs lawyers can use is that RVers are not "invited" but are "allowed" to stay overnight.
 
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Ned

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #2 on: August 01, 2010, 04:19:05 PM »
Hopefully, an intelligent judge will toss this case out, but what are the chances of that happening?  I wonder if they would sue if they had been carjacked in the parking lot?  Probably :(
-- Ned -- Fulltimer 1997-2013
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Wendy

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #3 on: August 01, 2010, 04:23:03 PM »
Why did they wait 4 years? And why aren't they suing the family of the guy they shot? Oh, wait, WM has more money.
 
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seilerbird

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #4 on: August 01, 2010, 04:28:35 PM »
That is the very same Walmart I just left this morning.

Wendy

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #5 on: August 01, 2010, 04:30:14 PM »
That is the very same Walmart I just left this morning.

Were they putting up "No Overnight Parking" signs?
 
Just wondering if the family who is suing Wal-Mart actually asked permission to park there overnight?
 
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seilerbird

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #6 on: August 01, 2010, 04:35:51 PM »

Were they putting up "No Overnight Parking" signs?
 

Are you kidding me, it was so full of RVs it was hard to find a space.

Betty Brewer

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #7 on: August 01, 2010, 04:52:53 PM »
We have just traveled through Nebraska, Wyoming, a bit of  Utah and now in Idaho.  We have found something we have not see before. We don't spend many nights in Wal Mart but I do spend a lot of money shopping there as they are close to highways and have parking "spaces"  big enough for our motorhome.

 The WalMart lots are FULL of semi trucks.  One lot in Evanston WY was so full we could not even drive through their lot, let alone spend the night and I needed groceries.  If the trend continues for  trucks to pack the lot, I wonder how long regular customers will "put up" with this. 

Like Wendy says I see an inevitable trend for Wal Marts to reevaluate their policies.  Law suits can't help our cause.  Sigh...................
Betty Brewer

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seilerbird

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #8 on: August 01, 2010, 05:02:25 PM »
Walmart will never change their RV policy. Sam was a lifetime RVer and he would turn over in his grave.

I am in a Walmart parking lot in Payson Utah and there are three other RVs and not a semi in sight.
« Last Edit: August 01, 2010, 05:04:08 PM by seilerbird »

Wendy

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #9 on: August 01, 2010, 05:02:56 PM »
There are some interesting discussions on the internet about the lawsuit. Haven't seen a single comment in favor of the family doing the suing. They might not do so good in a jury trial.
 
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Tom

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #10 on: August 01, 2010, 05:34:34 PM »
We had long discussions about the event. IIRC at the time, it was reported that the RV owner was trying to protect his kids. The family was asked by the cops not to leave for approx a week, but no charges were filed. I figured that would be the end of their RVing. Didn't think of the possibility of a law suit.
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Ned

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #11 on: August 01, 2010, 05:42:39 PM »
I don't think the intent is to go to trial but to extort a settlement out of WalMart.  Damn lawyers were probably lined up to start this suit.

Would you like to know what I really think? :(
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Mr Bojangles

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #12 on: August 01, 2010, 05:55:14 PM »
Ned:
Of course.....?
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Ray D

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #13 on: August 01, 2010, 06:00:41 PM »
The subject thread is here.
 
I was expecting civil litigation to follow. However, I was expecting the thugs next of kin to sue for wrongful death by excessive use of force. That may have begun, and they may be suing to put Walmart in the middle. A defensive suit. (Just speculation.)
 
Ray D  :o   ???
 
Yes, Ned. I'd like to know what you really think.  ;D
 
Quote
Damn lawyers were probably lined up to start this suit.

 
My best guess is that they started lining up the day after the shooting. Been there. You need to get your team lined up early. That is if you want to keep your freedom and some of your possessions. Criminal trial takes about a year. Civil litigation takes 2 or 3 years and sometimes longer. Total of 4 years, so far, in this case. And the public civil side has just begun. Long drawn out process follows.
« Last Edit: August 01, 2010, 06:18:04 PM by Ray D »
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Ned

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #14 on: August 01, 2010, 06:10:16 PM »
Ned:
Of course.....?

Nah, the company here is to nice to expose to that.
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Ray D

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #15 on: August 01, 2010, 07:10:50 PM »
Quote
Why did they wait 4 years?

Wendy, they probably didn't "wait" that  long. It just took 4 years to get to where they are. In this case, there was no trial as no charges were filed. (Almost better to go to triial and win an acquittal. You can't be charged a second time for the same charge.) So, you start by not doing anything at all, quietly waiting for the unfiled case to mellow, some. Those charges could be filed, still. There is no time limit, Statute of Limitations, on Homicide. So, after 4 years, if the Prosecutor now decides to file Homicide charges, he has to convince a Judge he acted in a "Timely" manner. Hard to do!  ::)  Remember how long the OJ court battle lasted. Is it still going on?  ::) ::) ::) 
 
Quote
And why aren't they suing the family of the guy they shot?

 
Can't, really. Need to prove colluson. So, forget it. He was an adult and you generally have no legal responsibility for what adult offspring do. However, if he was emotionally important to you, you have suffered a tragic loss, and you are entitled to recovery for that loss. That is if the defendant acted legally but used unnecessary force or excessive force.
 
Wish I was a lawyer, so I could explain it better. Justice sometimes isn't.
 
Ray D  :-\
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utahclaimjumper

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #16 on: August 01, 2010, 07:12:40 PM »
I know more than what was in the papers,, the father of the dead man is a good friend and customer of mine. He is a local (and very well thought of) anesthesiologist at our local hospital.  His son Jim had an ongoing drug problem for years and was mostly harmless. Evidently Jim saw the Florida plates on the RV and wanted to go there, knocked on the door and an argument ensued. Jim was pushed out of the RV and shot in the back with a shotgun...  The shooter was a retired NY cop living in a 1.5 Mil. home in Florida and driving an 800 thousand dollar RV, no kids were in the RV..  The local news paper did a lousy job of coverage and the local police were reluctant to persue the case considering the background of the shooter and the nature of the incident.. I spent many days consoling my friend as Jim was his oldest son and I had lost my oldest son to a motorcycle accident years ago so could empathize with the lose.   Its a very sore subject around here. This is a simple case of "everthing to gain, nothing to loose">>>Dan
« Last Edit: August 01, 2010, 07:16:41 PM by utahclaimjumper »
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John From Detroit

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #17 on: August 01, 2010, 07:29:47 PM »
Saw this story on another forum... Personally.. I think the folks suing wall mart saw one too many 1-800-dog-bite advertisements and called (I hope that is not a real phone number)

I am not sure Wall Mart has an obligation to protect people freeloading in their parking lot.. IN fact I'm fairly sure they do not.. As to their obligation to report an unruly or drunken person to the police.. Likewise I'm not sure they have an obligation.

As for the police.. I am not sure they have the authority to come onto the lot without an invite from the manager.

OF course.. If I were on the jury.. I suspect after a week of yammering by attorneys.. I'd still be unsure.

But strange as it might be for someone who loves wall mart as much as I do (My love for Wall Mart makes a mustard seed to use a bibical reference look very very very very large)

I think I'd find for wall mart, and ask the plaintiffs to pay WM's legal costs too.
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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #18 on: August 01, 2010, 08:08:42 PM »
They might not do so good in a jury trial.Wendy
Very few civil cases ever get to court. They usually settle in mediation. Something like 85% of cases never get to court.

The way mediation works is they separate the plaintiff from the defendants. Then a neutral attorney tries his best to convince BOTH parties that are are going to lose their case. They even lie anyway possible to convince BOTH sides they will lose. This system makes both sides more likely to reach an agreement.

All the mediator cares about is for the case to settle right there. But the tricky part is it seems the other attorneys (for the defense and plaintiff) are in on it too. IOW, all three attorneys try their best to have cases settle in mediation.

I wish more of such cases would get to court. I trust the judges and jury more to make the correct decision than anything that happens in a mediation.


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taoshum

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #19 on: August 01, 2010, 08:38:50 PM »
Jim was pushed out of the RV and shot in the back with a shotgun...  The shooter was a retired NY cop living in a 1.5 Mil. home in Florida and driving an 800 thousand dollar RV, no kids were in the RV..  Dan

Shooting an unarmed man in the back... by a retired law enforcement officer, trained in keeping the peace... did the definition of "homicide" get changed when I wasn't listening?  Duh?



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Gary RV_Wizard

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #20 on: August 01, 2010, 09:19:04 PM »
The news report says guy forced his way into the coach and there was a struggle, but the whole affair sounds fishy to me. With no witnesses except the guy & his wife, who's to know what really happened?

 But whether or not it was a righteous killing is not the issue here - it is taking advantage of a generous host to try to line their own pockets as a result of an unfortunate affair.
Gary
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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #21 on: August 01, 2010, 09:33:09 PM »
The shooter is lucky he didn't shoot someone in the back here in Arkansas. The last class I held for Armored Car personnel It was still illegal so shoot someone in the back, even if he had a gun and was shooting at you just seconds before. Once he turns and is in the process of leaving if you shoot it becomes murder if he dies. Even as a Law Enforcement Officer. we could  not shoot at a fleeing prisoner. I cannot believe there were no charges filed over this shooting, a man with his back to you is no threat. And what was that idiot thinking, opening a door to someone in a parking lot without finding out what they were wanting first. A Police officer, or a Wal Mart employee would identify themselves when knocking on the Door of an RV on a Wal Mart parking lot. 
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34footer

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #22 on: August 01, 2010, 09:36:53 PM »
Shooting an unarmed man in the back... by a retired law enforcement officer, trained in keeping the peace... did the definition of "homicide" get changed when I wasn't listening?  Duh?
Seems like the cop could have just beat the guy up real good. But.....who knows what really happened the other guy is dead. Dead Men tell no tales.
J
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afchap

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #23 on: August 14, 2010, 05:32:15 PM »
Quote
His son Jim had an ongoing drug problem for years and was mostly harmless. Evidently Jim saw the Florida plates on the RV and wanted to go there, knocked on the door and an argument ensued.

In the reports I have read, the name of the dead man was Steve ...not Jim ... I presume there has not been TWO such incidents at the Cedar City WalMart ??

We who rely on the press and other limited sources will most likely never know the full story ...I agree it sounds like the RVers sueing WalMart for failing to protect them after "inviting" them to park there sounds like a real stretch.
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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #24 on: September 16, 2010, 04:31:36 PM »
Very few civil cases ever get to court. They usually settle in mediation. Something like 85% of cases never get to court.

In Federal courts, it's actually right at 95%...though this would definitely be a state court case.

I work in litigation support, and am glad to report that WalMart SELDOM settles!
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Mc2guy

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #25 on: September 16, 2010, 11:37:14 PM »
Walmart will never change their RV policy. Sam was a lifetime RVer and he would turn over in his grave.

I am in a Walmart parking lot in Payson Utah and there are three other RVs and not a semi in sight.

Sam is dead, and his family doesn't run the company anymore.  If Walmart thinks allowing RVs will negatively affect their earnings (and hence share price), they will ban RV's in a hot second without question or remorse.  The presence of RVers had been deemed profitable to this point.  As soon as that is not the case, sayonara free parking.

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cdrcos

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #26 on: December 04, 2010, 03:17:24 PM »
Sam is dead, and his family doesn't run the company anymore.  If Walmart thinks allowing RVs will negatively affect their earnings (and hence share price), they will ban RV's in a hot second without question or remorse.  The presence of RVers had been deemed profitable to this point.  As soon as that is not the case, sayonara free parking.

There are already many Walmarts around the country that ban overnight parking by Rvers for various reasons.
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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #27 on: December 04, 2010, 08:45:11 PM »
Walmart manager new our home told me that one of the reasons for not allowing overnight parking is because the parking lot is not necessarily owned by Walmart.  All of the Walmarts near us are in "strip mall" type locations and the parking lot is shared by many stores.  It looks like the Sams Club near us may allow overnighters as I have seen a few RVs parked there when I have been driving by late at night ;)
Millie
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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #28 on: December 07, 2010, 08:50:23 PM »
Walmart will never change their RV policy. Sam was a lifetime RVer and he would turn over in his grave.

I am in a Walmart parking lot in Payson Utah and there are three other RVs and not a semi in sight.

Sam also felt that selling "Made In America" was important.  So much for his heirs and whoever they sold out to.

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Re: RVer Sues Walmart over Unsafe parking Lot
« Reply #29 on: December 07, 2010, 10:03:55 PM »
I would like to have them do a full re-inactment with the suing attorney playing the role of the intruder.....
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