The lawsuit claims Kroger was negligent for failing to enforce its store policy that prohibits employees from carrying weapons while at work. The suit does not mention the attempted robbery of the store.
there is always one in every crowd, the real payoff is to the lawyers. they are the real crooks
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
sounds like a very good reason for Kroger to remove that particular rule - can't be sued for failing to enforce a stupid rule that doesn't exist
as for any relative who sues for the "wrongful death" of someone committing an armed robbery? .... well, let's just say my true feelings cannot be adequately expressed within forum rules and leave it at that
The lawsuit claims Kroger was negligent for failing to enforce its store policy that prohibits employees from carrying weapons while at work. The suit does not mention the attempted robbery of the store.
there is always one in every crowd, the real payoff is to the lawyers. they are the real crooks
I hope you're referring to the lawyers for Atkinson and not a blanket condemnation.
So Kroger should sue Atkinson's family for allowing him to rob them, which is against Kroger's policy.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
FL is like Texas as far as you can't sue for wrongful death if the perp is doing a crime so they are going after the co at another angle. Saying they didn't enforce the no carry rule on co property for employees. The manager from what I hear got fired for violating co policy. so what are they supposed to do pat down every employee or run them through a metal detector. Sounds like they were waiting for the right time to file
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
barstoolguru wrote:FL is like Texas as far as you can't sue for wrongful death if the perp is doing a crime so they are going after the co at another angle.
That's nice, but this incident took place in Indiana and the lawsuit was filed in federal court.
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
barstoolguru wrote:FL is like Texas as far as you can't sue for wrongful death if the perp is doing a crime so they are going after the co at another angle.
That's nice, but this incident took place in Indiana and the lawsuit was filed in federal court.
- Jim
I didn't snap to the fact it was filed in federal court. Any lawyers out there who can explain how this lawsuit would have standing in a federal court, unless it's a civil rights violation? The article says it's based on failure to enforce a policy. I guess we should sue every PD when a guy like this commits a crime for failure of the police to enforce the no robbery policy or the no felons with guns policy.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
barstoolguru wrote:FL is like Texas as far as you can't sue for wrongful death if the perp is doing a crime so they are going after the co at another angle.
That's nice, but this incident took place in Indiana and the lawsuit was filed in federal court.
- Jim
I didn't snap to the fact it was filed in federal court. Any lawyers out there who can explain how this lawsuit would have standing in a federal court, unless it's a civil rights violation? The article says it's based on failure to enforce a policy. I guess we should sue every PD when a guy like this commits a crime for failure of the police to enforce the no robbery policy or the no felons with guns policy.
IANAL. The lawsuit probably has no merit. Since the amount of the suit is "only" $75,000 they probably think that Kroger will pay it to make it go away. They "Kroger" might decide that $75K is a small price compared to attorney's fees and bad publicity.
WildBill wrote:Since the amount of the suit is "only" $75,000 they probably think that Kroger will pay it to make it go away. They "Kroger" might decide that $75K is a small price compared to attorney's fees and bad publicity.
Probably the matchbook lawyer who filed the case thought something like that.
I don't know what Kroger's policy is. Usually it's up to the insurer. Some businesses will fight any lawsuit of this sort to avoid setting a precedent (I don't mean a precedent in the legal sense). Walmart is like that. They probably get sued several times a day in the U.S.
WildBill wrote:Since the amount of the suit is "only" $75,000 they probably think that Kroger will pay it to make it go away. They "Kroger" might decide that $75K is a small price compared to attorney's fees and bad publicity.
Probably the matchbook lawyer who filed the case thought something like that.
I don't know what Kroger's policy is. Usually it's up to the insurer. Some businesses will fight any lawsuit of this sort to avoid setting a precedent (I don't mean a precedent in the legal sense). Walmart is like that. They probably get sued several times a day in the U.S.
- Jim
I have no idea about Kroger's or their insurer's policy. Kroger is large enough that they could fight any "matchbook lawyer's" lawsuit rather than mark themselves as an easy target. Due to that policy, Walmart probably doesn't have that many lawsuits based upon flimsy circumstances.
There are people who literally make a living out of slip-and-fall lawsuits. Sometimes they are captured on video spilling baby food, applesauce, or whatever that they promptly slip and fall in.
The problem with fighting a lawsuit of this sort is that the respondent needs a lawyer who can deal with federal courts. That is a bit more demanding than state courts (as Orange Juice found out the hard way).
