Texas teen's body found after abduction (Abducted from Wal Mart)

[Squatch]

http://www.msnbc.msn.com/id/6852369/

Edited to reflect most current story.

[WI_DEM]

1. very sad

If people work at night they should have a buddy system and always go out with somebody. Security should have been on to that guy and watching him since he was loitering both inside and outside the store.

[Name removed]

92. Deleted message

Message removed by moderator. Click here to review the message board rules.

[takebackthewh]

98. God, what a pathetic post. EOM

[Spiffarino]

101. That's just fucking sad.

Enjoy your stay. :eyes:

[Tigress DEM]

106. Ironic - "Another 4 Good Years"

See, this is the kind of thing even Bushites would be saddened by and might be used to say, "Hey, wake up! It isn't hurting you now, but believe us, this kind of tyranny and the insanity of pushing senseless war for the profit of a few will eventually affect everyone."

[soleft]

2. Was he/she kidnapped at Walmart?

Why is he/she being identified as a Walmart employee, I don't get it.

[Squatch]

3. She was in the parking lot and she is an employee.

[DulceDecorum]

65. How much had Walmart insured her life for?

Though Texas law does not permit "dead peasant" insurance, Wal-Mart and Camelot thought they could still insure their Texas employees if the policies were created out of state.

In the Wal-Mart case, the insurance policies were signed in Georgia and the company managing its insurance is in Georgia. But Atlas ruled that the policies are governed by Texas law because the workers lived in Texas, worked in Texas and the death certificates are in Texas.

It's not just a Wal-Mart issue, said Bill Wertz, a spokesman at the company's headquarters in Bentonville, Ark. The company, like many in the Fortune 500, availed itself of the insurance policies because of the tax benefits.

"The company feels it acted properly and legally in doing this," he said. Georgia law, not Texas law, should govern, he said.
http://www.walmartwatch.com/info/internal.cfm?subsection_id=131&internal_id=350

[Tigress DEM]

107. OK, is there a historian in the house? Peasant Tax was when?

[Rose Siding]

4. She

was snatched coming off shift in the parking lot, I think. 17 yr old.

[LostinVA]

6. This is Wal-Mart's Fault to An Extent

Sorry, but it is. I've read several stories about this horrible incident this morning, and the reason this happened (apart from the man who did it being a sociopath) was Wal-Mart's lax security. The murderer was observed on the security tape for several hours loitering in the parking lot and stalking other women. He went in and out of the store, was carrying a large duffle bag, and changed his clothes at least once. This behavior caused a security guard to approach him. So, why didn't Wal-Mart do something about this? Like CALL THE COPS??? Do they really have so little regard for the safety of both their employees and customers??? It was very late at night when this happened. This is just so sad. Wal-Mart is notorious for having extremely bad security in their parking lots.

When I managed a chain bookstore, no one , male or female, walked by themselves to their car after dark. NO ONE. And, I called the police an average of five times a week for skanky guys skulking around the parking lot.

No excuse.

[forgethell]

10. That's nonsense.

It is solely, only, completely, the fault fo the sub-human monster that did it.

But if you have to blame someone else, blame the courts, who will not execute these depraved souls and send them to HEll, where thay belong.


:grr:

[LostinVA]

14. Did You Read My Post?

I SAID it was the sociopath's fault for killing her, but it is Wal-Mart's responsibility to protect it's employees and customers. This guy didn't just sit in a car and hide, he prowled around after woman and was suspicious enough to warrant a confrontation with a security guard. It was midnight, female customers and employees were leaving the store. Damned straight they contributed to this happening! Be glad your daughter or wife or sister isn't working there. This company has a history of working there. It's why most malls have a roving security force -- they know they can be liable for not at least trying to deter crime.

From: http://www.state.wv.us/wvsca/docs/fall01/26012c.htm


"To combat crime, Wal-Mart introduced a roving golf cart security patrol at one store in Tampa, Florida. At that facility, during 1994 there were 226 cars stolen, 25 purse snatches, 32 burglaries, 14 armed robberies, 3 assaults, and 1 arson. When the roving patrol began, “uring the first four months . . . the reported incidents for each of these crimes dropped to zero, and numbers have remained low. Other stores have seen similar declines.”

The total cost to Wal-Mart: “up to $45,000 per year per store, including vehicle leasing and drivers' salaries.”

[forgethell]

24. Yeah , I read it.

Security is one thing. "Fault" is another.

[trotsky]

28. "Fault" is not always all-or-nothing.

Court decisions routinely assign certain percentages of "fault" to different parties that were involved in an incident.

[forgethell]

31. Still,

This was not an accident. Wal-Mart was not involved in a murder. Courts make mistakes. Does, for example, the election of 2000 mean anything to you?

[bushisanidiot]

44. Wal-Mart was aware of the suspicious character and did not alert

the authorities and did not ensure that the character was removed from the premises. The fact that the security guard approached and followed the character is evidence that he was a vagrant. He was allowed to remain on the premises which resulted in the abduction and death of an employee. The parents of this woman should sue Wal-Mart's fat cat asses off for NEGLIGENCE!!!!!!!!

[jeanarrett]

50. He should have been run off when the security guard

confronted him - for trespassing or vagrancy - or call the cops! I think it's negligence too. And a 19-year old girl is now dead. Give me a break! If a security guard had to approach the guy, they should have made sure he was gone. For the record, it was 11:43 PM when this happened, not broad daylight. So why didn't they get rid of him? I hate shopping there anyway--

[Squatch]

51. "suspicious character"

sounds like something out of the Patriot Act.

[bushisanidiot]

53. Uh, the security guard is SUPPOSED to look for suspicious characters

i'm sure it's in their job description.

do you expect them to just stand around with their wal-mart thumbs up their wal-mart asses?

[Squatch]

54. OK...then that must be one BUSY security guard.

pretty much every patron of Wally World looks suspicious...

Shit, between the confederate flag wavers, gangsta rappers, skate punks, and anomolous business men...

[bushisanidiot]

61. Security was aware this guy was following women around

do you really need it spelled out for you what he was after?

why do you think the security guard approached him in the first place? Wal-mart security did not follow up on a (very obvious) potential threat and is indirectly responsible for this woman's abduction and murder.

kinda reminds me of AWOL and condoleeza rice's failure re: September 11, 2001.

[Squatch]

66. Sorry, didn't realize that you were judge and jury.

Screw the courts and our judicial system. Let's just hang 'em right now.

[bushisanidiot]

72. Why bother having security guards at all if they aren't going to

lift a finger to keep men from stalking women at Wal-mart stores?

i'm not saying the guy should have been shot on site but my gawd.. if he's just hanging out, following women.. obviously not shopping for anything and had been there for 2+ hours then something is obviously amiss.

in any case, this abduction and murder will cause that Wal-mart store to lose plenty of business.. but i hope the Wal-martCorp get's their asses sued off on top of it.

[Clark2008]

97. I hate Wal-Mart, but I'm glad you're not the security guard

You're every bit as intolerant and pigeon-holing as the confederate flag wavers, gangsta rappers, skate punks and anomolous business men you just professed to hate.

Which has nothing to do with the fact that the parents of a 19-year-old girl are grieving.

[forgethell]

58. My sentiments, exactly. n/t

[takebackthewh]

99. Yeah and then if Walmart had raised concern about a ...

... black man, then everyone here would be whining about "racism."

Walmart: fucked if they do, fucked if they don't.

[Sterling]

119. Yes there is plenty of blame to co around here to those without horse

blinders on. Black and white the world is not. Sometimes I wonder if some people's brains are not capable of complex thought? Does it hurt their heads to be able to consider two ideas at the same time and understand how they are not mutually exclusive?

[traco]

96. Security confronted him and he gave them

an answer that they believed. He told them he was waiting for his ride.

[LiberalVoice]

17. I hope that last part of your post was sarcastic...

cuz otherwise it was pretty fucking stupid.

[LostinVA]

19. LV, was that directed to me or the other poster? n/t

[LiberalVoice]

46. towards forgethell

[LostinVA]

67. Just Checking! n/t

[forgethell]

25. Whatever you say.

But not as stupid as blaming it on anyone except the perp. It's just another excuse to shift the blame.

[AngryOldDem]

52. No, it's putting some of the blame where it may be due

Wal-mart, or any store, needs to take reasonable precautions to ensure the safety of their employees and customers. If this guy was loitering and acting suspiciously in and around the store all evening, the very least the store could have done was call the cops.

At the very least, Wal-mart looks right now to be contributorily or criminally negligent.

[forgethell]

60. Perhaps Wal-mart should

use a little common sense. but Wal-mart is not responsible for maintaining order and the public safety. that job belongs to the government, and the courts. Which institutions are failing miserably at it.

[jayfish]

64. They Are Responsible...

for patron/employee safety on thier property.

McClung v. Delta Square

<SNIP>
for patron/employee safety on their property. Property, I might add, that was probably given to them for nearly free through the use of subsidies and sweetheart tax deals.

McClung v. Delta Square

<SNIP>
Finally, we must address defendants’ argument that random criminal acts of unknown third persons amount to superseding, intervening causes for which defendants cannot be held liable as a matter of law. It is true, as pointed out by defendants, that a superseding, intervening cause can break the chain of causation. In this regard, we have stated that

here is no requirement that a cause, to be regarded as the proximate cause of an injury, be the sole cause, the last act, or the one nearest to the injury, provided it is a substantial factor in producing the end result. An intervening act, which is a normal response created by negligence, is not a superseding, intervening cause so as to relieve the original wrongdoer of liability, provided the intervening act could have reasonably been foreseen and the conduct was a substantial factor in bringing about the harm.

Haynes v. Hamilton County, 883 S.W.2d 606, 612 (Tenn. 1994) (quoting McClenahan v. Cooley, 806 S.W.2d 767, 775 (Tenn. 1991)). Proximate cause, as well as the existence of a superseding, intervening cause, are jury questions unless the uncontroverted facts and inferences to be drawn from the facts make it so clear that all reasonable persons must agree on the proper outcome. Haynes v. Hamilton County, 883 S.W.2d at 612; Cook v. Spinnaker’s of Rivergate, Inc., 878 S.W.2d 934, 940 (Tenn. 1994); McClenahan v. Cooley, 806 S.W.2d at 775-76.

In conclusion, this record, viewed in light of the principles set forth in this opinion, precludes an award of summary judgment. Assuming for purposes of this analysis that defendants were negligent, we are unable to conclude that all reasonable persons must agree, as a matter of law, that defendants’ negligence in failing to provide any security measures did not create a favorable environment for criminal activity. Considering the number, nature, and frequency of crimes committed on or near defendants’ premises, it is not beyond the realm of reasonable anticipation that a jury could conclude that defendants’ negligence created a foreseeable risk of harm to plaintiff’s wife, and that defendants’ negligence was a substantial factor in bringing about that harm. See Tenn. R. Civ. P. 56.03. Such questions are "peculiarly for the jury" given the present state of this record. McClenahan v. Cooley, 806 S.W.2d at 775-76.

For the reasons stated above, the judgments of the lower courts are reversed. The case is remanded to the trial court for further proceedings consistent with this opinion. The principles set forth today apply to all cases tried or retried after the date of this opinion and all cases on appeal in which the issue in this case has been raised. Costs shall be taxed to defendants.
</SNIP>

If I fail to de-ice my sidewalk and you ending slipping and breaking your neck on that ice, who are you going to blame? The ice?

Jay

</SNIP>

If I fail to de-ice my sidewalk and you ending slipping and breaking your neck on that ice, who are you going to blame? The ice?

Jay

[LostinVA]

68. They are responsible on PRIVATE PROPERTY

It is their legal duty to keep a safe environment for staff and customers. Legally, they are liable. They either own or lease the land, which includes the parking lot. If it is located in a mall, then it is the landlord's responsible to monitor the parking lot. Since Wal-Mart has outside cameras, then it's probably a freestanding Wal-Mart.

The cops should have been called. That's it. Loitering is illegal, and following women around a parking lot at 11:30 at night is creepy at best, criminal at worst. And, yes, being "creepy" is enough to get you thrown off of private property. It's a shopping area, not a public park. Then the cops "maintain order and the public safety."

[forgethell]

70. Nevertheless,

they are in no way responsible for this man's actions.

I really have no great quarrel with you, except for attempting to divert the blame from the murdering scum bag, who needs to be tried and fried.

[LostinVA]

74. When the Heck did I do that?

I said more than once that HE killed her. He is a murderer. I'm female, and have been followed to my car late at night, so I have a very small inkling of her fear. I have never, ever taken blame from him. However, employees working for Wal-Mart were made aware of this man and did nothing about it, except share their video tapes when the cops came after the girl's sister called them. They've been found guilty of this very thing more than once in court, and those cases were "only" rapes, not murder. A property owner can't stop everything from happening, but this was a known threat. I have no quarrel with you, either, but I do have one with Wal-Mart and the security guard at that store. They didn't kill the young lady, but they did have a chance to at least have the police come and confront the guy in the parking lot. That's all they had to do, make a phone call. I did this many, many times as a manager.

[forgethell]

80. Beg your pardon.

Naturally I think we all should look after each other better. But my real quarrel is with the courts who let violent criminals out on the streets.

[AngryOldDem]

82. That's where the blame truly lies, no doubt

but the poster is right...what difference could a phone call -- a simple phone call -- have made? Never know now.

[d.l.Green]

91. You're talking about a security person who THINKS, not someone

who makes slightly above minimum wage, probably their 3rd shift job to feed the family. The people watching the cameras linked to the administration in the store should have called the police, simply. But again you're talking about a high chance that the people in charge of the individual WalMarts being not too competent for the salary. I think this possibly ironically may also be discouraged to give the impression that there's no need for outside security assistance. Freestanding WalMart world unto itself....

[Sterling]

118. It was not the courts who let this guy go.

It was the military. Training future serial killers. Maybe if we had some sensible drug laws we could make room for more dangerous criminals but that does not seem to apply here. But as long as we are pressing agendas that have nothing to do with why this thread was started I say lets talk about the drug war and the trauma our soldiers are coming home with that can set them off like this. This is the second marine this week that went nuts on a crime spree.

[forgethell]

121. It's not just

this guy. I don't know if he has ever been in prison before, or even charged. But why are known sexual predators, who do have convictions, still make the news killing little girls and young women? I don't even mention the same-sex predators out there. Why aare they still alive and free?

Blaming the military before the jutice system is just wrong. Plenty, most in fact, veterans, re-integrate into civilian life easily. And blaming Wal-mart is wrong, too, IMNSHO.

Blame the perp, see that he fries.

[Sterling]

124. You are trying so hard to find a leg to stand on.

Your posts have nothing to do with the thread. You tried to blame this on the courts. That is the usual RW MEME and was completely wrong in this case. Then you spew all this RW "same sex predator" stuff.


You are embarassing yourself.

[Sterling]

120. We will see what the court says.

I have a feeling Walmart will be paying a settlement here. But you hate the courts so you probably don't consider how things will play out there.

[forgethell]

122. Oh, I've got

no doubt that Wal-mart will have to pay something. None at all. It's easy to squeeze Wal-mart, and difficult to keep murderers off the street. How great is that?

[Sterling]

123. Again what does this have to do with keeping murderers off the street

This guy came out of the marines, not prison. By all means take this as an oppertunity to spreed RW meme's about trial lawyers and the court system. I really feel sorry for big companies that get caught with their hand in the cookie jar. Cry me a river. :eyes:

[forgethell]

126. There seems to be more than

one killer out there, many of whom have been released from prisons on previous convictions. You do not seem willing or able to understand anything of importance.

RW meme? Try personal experience with the fucking courts.

[AngryOldDem]

81. If Wal-mart knew this dude was in and around the store all night...

...and did nothing about it...not even pick up the damn phone to call the damn cops...then, sorry, I think a reasonable case for negligence can be made. Those who own the property are responsible for maintaining reasonable standards of safety and order on that property. If they knew of a problem and did not report it, the onus is on them, and they should be liable.

Now...had this had happened just **off** the property, then you're right. It becomes a matter of public law and order.

[jayfish]

88. That Is A Very Important Distinction...

in the cases I have been looking at. That fact that this gut was hanging out instead of just appearing out of nowhere to commit the crime will be the deciding factor (IMO) in the eventual lawsuit.

Jay

[Occulus]

34. Can't agree with that.

A woman was raped in a Wal-Mart parking lot in a town south of where I live. The security tapes from the parking lot ended up being "missing". No charges were filed due to lack of evidence.

Uh-huh. Let me tell you something. I don't think Wal-Mart has any regard for women at all. None. Zilch. Women are expensive to employ; they get pregnant. Hmph. <----- corporate mentality

This is the same chain known for locking employees insode the building, forcing them to work off the clock, and other social misdeeds such as the decimation of the small business sector in any town they go to.

Sorry- Wal-Mart does indeed share some of the blame, if for nothing else that their own simple negligence. If it was enough for a guard to be notified, it should have at least bore watching. Someone should have had their eyes on the guy at all times after that. Wal-Mart clearly dropped the ball on this one.

edited to add: people get escorted from Meijer stores for less.

[Nostradammit]

35. I thought we were to forget hell... n/t

.

[w4rma]

49. Wal-mart uses people up and spits them out. They could care less about

the safety or welfare of their employees, beyond their ability to show up for work and do what they are being paid the least amount of money that Wal-mart can pay for. Wal-mart is notorious for cutting corners on EVERYTHING.

You want to talk about evil people. You should think about what goes through the minds of Wal-mart execs when they are analysing cost to benefit ratios on things pertaining to their employees.

[Sterling]

115. Dude get a grip, this is Texas

Your bloodlust will be satisfied don't worry. If I felt like you do about most things the last place I would want to hang out would be here.

[MadHound]

12. Hear Hear,

I mean geez, you would think that a guy acting like this would be kicked out on suspicion of being a shoplifter, if nothing else. This is typical pattern of behaviour for any one of numerous crimes. They should have thrown this fool out of there pronto, and called the cops. Idiots!

[phylny]

116. We have a men's half-way house facility a few towns over

from where I live. There are always problems with these guys when they go near the local supermarket to shop. What does the manager do? He calls the cops each and every time, and the cops come and handle it, big or small.

That's what should be done. The same sort of thing happened to Dru Sjodin after work. Anyone leaving a store late, man or woman, should have a proper escort.

[jdj]

13. there wasn't anyone to do anything, I'm sure.

this is the most tight-fisted uncaring company in murika.

I'm stunned that they actually employ a security guard, but if they do, it's mostly for loss prevention.

They just don't care about their employees at all, and inless they go union they never will.

[LostinVA]

16. Wal-Mart has been successfully sued for this very thing

In one lawsuit, it was found they had <gasp> withheld evidence from the plaintiff's attorney. <gasp redux> This woman was also abducted and raped... she lived.

[Occulus]

36. seems the perps know Wallyworld is an easy mark

But oh, no, we can't blame the chain. Nosiree. /sarcasm

[bushisanidiot]

33. Wal-Mart uses security guards to prevent theft only, not to protect

anyone.. certainly not their employees. This is obvious
from the evidence captured on the surveillance cameras.

[Bono71]

76. Oh my God! How is it Wla Mart's fault???? Their exceptionally

low prices and abundant selection caused someone to get pissed and murder the girl?

Dumb.

[Tigress DEM]

108. Please tell me you're being sarcastic n/t

[Ilsa]

102. What ARE these security guards, anyway?

When I was at a bank, we had "security guards," and the personal director told me they didn't have any qualifications, especially to be toting a loaded weapon around. They would routinely take coffee breaks as the bank was closing its lobby for the day. The crooks observed this and robbed us at closing time, which is one of the most frequent times for a robbery.

Yes, it is the murderer's fault, but WalMart was negligent, IMO.

Whatever they earned on that insurance policy should go to her family, too, IMO.

On Edit: I can't help but wonder if these are people on a second or third job and exhausted. No wonder they can't think clearly.

[traco]

95. She was 19 n/t

[Lavender Brown]

5. Poor kid

Poor family. :(

[Postmanx]

7. Too bad the guy in the RV park

wasn't a better shot.

[Jack_DeLeon]

26. to quote the Butthole Surfers...

"should have been a better shot and got him in the head."

[johnfunk]

8. Always low security. Always.

The poor kid probably never realized she's seen as a replacable cog.

[Postmanx]

11. I don't think you can fault Wal mart's security here

They have cameras in and outside of the store.

What do you want, a patrol in the parking lot?

[LostinVA]

18. Yes.

Wal-Mart's are often called "crime magnets" by local law enforcement. Why? I don't know -- large lots, VERY bad lighting, no security, late hours, women shopping alone? Malls have patrols. Shopping centers do. Many big box stores in high crime areas do. I posted part of an article up thread about how one Tampa store went from being very high in criminal incidents to ZERO incidents. Cost to the store? $45,00 a year. THAT'S IT. They could at least have a security guard walk around the lot, make his presence known. Hire an off-duty police officer to wear his uniform.

Criminals go where it's easy pickings -- an unlocked door over a locked one, an unpatrolled lot over a patrolled one, a house without a dog versus one with.

Employers have a legal duty to protect their employees. They could have at least walked her to her car.

[Name removed]

23. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Postmanx]

27. Employers have no legal duty to protect their employees

from the criminal actions of others.

Instead of simply disagreeing with this statement, please provide a cite and a link stating otherwise.

[alarimer]

30. Most companies don't give a shit

What happens to their employees as long as they make money, I guess the employees can all die.

[Mizmoon]

32. Not true

it's costly to replace employees :)

C'mon ... the bad guy here is not Wal-mart.

[Occulus]

39. yes they are, **in part**

Their security is their responsibility. Given this has happened in other locations, negligence applies. They know this happens, and on their property. They are, as far as that part of it goes, responsible for protecting themselves from litigation or potential criminal prosecution if it happens enough times.

[Tomee450]

75. How can you believe that

Walmart is not partly to blame for this girl's death? They saw the alleged perpetrator acting suspiciously. He was approached by a security guard yet nothing was done and Walmart allowed this young unsuspecting employee to leave without any protection. Walmart certainly bears part of the blame for this young woman's death.

[DulceDecorum]

63. Does your boss want you dead?

Right now, your company could have a life insurance policy on you that you know nothing about. When you die -- perhaps years after you leave your employer -- the tax-free proceeds from this policy wouldn’t go to your family. The money would go to the company.

What’s more, the company might use this policy to pay for retirement benefits and other perks not for you or your fellow workers, but for your company’s top executives.

Sound outrageous? Such corporate-owned life insurance is also big business:
Companies pay a whopping $8 billion in premiums each year for such coverage, according to the American Council of Life Insurers, a trade group.

The policies make up more than 20% of the all the life insurance sold each year.

Companies expect to reap more than $9 billion in tax breaks from these policies over the next five years. The policies are treated as whole life policies. So, companies can borrow against the policies (though the IRS won't let them write off the interest). And the death benefits are tax-free.
Hundreds of companies -- including Dow Chemical, Procter & Gamble, Wal-Mart, Walt Disney and Winn-Dixie -- have purchased this insurance on more than 6 million rank-and-file workers.

These policies, nicknamed “dead janitors” or “dead peasants” insurance, soared in popularity after many states cleared the way for them in the 1980s. Congress recently tried to crack down on the practice, to the howls of the insurance industry -- which earlier this year managed to derail reforms.
http://moneycentral.msn.com/content/Insurance/P64954.asp

[Ilsa]

103. Thank you. 60 Minutes did a piece on WalMart insuring

their "peons" for their own benefit several years ago.

[RaleighNCDUer]

43. No legal duty, perhaps, but certainly a moral duty and,

if nothing else, it hits the bottom line.

At the movie theater I work at we had a lot of problems with car break ins, fights in the parking lot, etc. We contracted with off-duty police to patrol. Incidents declined to near zero.

Corporate management figured the crisis was over, refused to continue paying the cops. Incidents went up, attendence at the theater declined, nearly to the point of closing us down. We could not make enough money to keep operating.

With a fortuitous change of ownership, we started getting patrols again. Now we are making money again, increasing payroll, and paying for the patrols. Profitability increased.

Good security improves the bottom line, even if you don't really give a fuck about the employees.

[LostinVA]

69. I managed a chain bookstore

And per our legal training re: our management responsibilities, we were told we indeed were liable if something criminal happened to our employees because of our negligence. It irritates me that so many posters think Wal-Mart is blameless in this situation. Especially because of their track record concerning this very thing (ie violence in their parking lots). Companies can't stop anything from ever happening, but they should at the very least stop a problem from snowballing into something worse, like what happened in Tyler, Texas.

[LostinVA]

78. OSHA General Duty Clause

From OSHA:

The Occupational Safety and Health Act (OSHA) –
General Duty Clause

Under OSHA employers have a “general duty” to provide employees with work and a workplace free from “recognized hazards that are causing or are likely to cause death or serious physical harm.” Workplace violence prevention has generally been accepted as falling under the auspices of this “general duty clause” when hazards involved:

·create a ‘significant risk’ to employees in other than ‘a freakish or utterly implausible concurrence of circumstances,’1
·are known to the employer and are considered hazards in the employer’s business or industry2 and
·are ones which the employer can reasonably be expected to prevent.3


Definition: What is Workplace Violence?

Workplace violence is unique as a workplace hazard because unlike other hazards it does not involve a work process, but instead an act committed by a person. Because workplace violence is committed by a perpetrator the definition has been grouped into one of the following categories when a violent act is committed in the workplace or while an individual is performing their job:

·an individual that has no legitimate relationship with an employee or the employer, e.g., a robber of a convenient store

·an employee or ex-employee

·an individual that is or has been a client, customer, contractor, vendor or other legitimate relationship with the employer

·an individual that has an intimate, family or other relationship with an employee

[Tomee450]

73. I agree

I can't understand why, after seeing such suspicious behaviour, someone didn't walk this young girl to her car. I think Walmart was very, very negligent.

[notadmblnd]

22. Wal mart does partol the lot

at least at the one in my community does. I don't know if they do it 7/24 or just when the store is open.

[Tigress DEM]

109. Must be a repub Suburban store n/t

[RaleighNCDUer]

40. Well, YES!

It's not that expensive, overall. For $50,000/yr they could have full time security in the parking lot. Now, they will be sued, successfully, for 5 million+ for negligence.

Simple profit and loss.

They should know how to look at the bottom line.

Idiots.

[biftonnorton]

62. Well Said NCEDU-R

But heaven forbid that the potential murderer would have been TASERED by one of the security personnel! :scared:

[catgirl]

84. Yes. They can afford it.

It's their responsibility to ensure the safety of their patrons and
employees. I've seen security patrols in store parking lots. I've
been approached 3 times in parking lots this past year. All 3 times I mentioned the police or security guard and it was enough to deter them.
What would you rather: dead girls or patrols. Easy decision.

It's obvious this man was looking for a victim and Walmart did
NOTHING about it. This could have been prevented. This man
may even be a repeat sex offender and could have been
picked up right away.

[jayfish]

87. Some Info For You

Concurring Opinion by Starcher, J., Doe v. Wal-Mart, No. 26012

<SNIP>
In the instant case, Wal-Mart appears to have concealed from the plaintiffs information regarding Mr. Gorman's study of crime in Wal-Mart parking lots. See David H. Gorman, “Loss Prevention Racks Up Success,” Security Management (Mar. 1996) (at page 55) (also available at www.securitymanagement.com/library/000098.html). Mr. Gorman discovered that “80 percent of crimes at Wal-Mart were occurring not in the stores, but outside their walls, either in the parking lots or around the exterior perimeter of the stores.” The crimes ranged from “theft, break-in and vandalism of cars” to “purse snatches, muggings, and assaults.”

To combat crime, Wal-Mart introduced a roving golf cart security patrol at one store in Tampa, Florida. At that facility, during 1994 there were 226 cars stolen, 25 purse snatches, 32 burglaries, 14 armed robberies, 3 assaults, and 1 arson. When the roving patrol began, “uring the first four months . . . the reported incidents for each of these crimes dropped to zero, and numbers have remained low. Other stores have seen similar declines.”

The total cost to Wal-Mart: “up to $45,000 per year per store, including vehicle leasing and drivers' salaries.”
</SNIP>

<SNIP>
A quick search of reported cases reveals that Wal-Mart parking lots are a virtual magnet for crime. A host of rapes, robberies and murders have occurred in the past few years which resulted in litigation against Wal-Mart. (See footnote 1) While the average customer wouldn't reasonably expect that criminals prowl through Wal-Mart parking lots looking for victims, these lawsuits prove that Wal-Mart has absolute knowledge of the criminal activity routinely occurring on its doorstep.

But even with the knowledge that its parking lots are crime magnets, Wal-Mart did nothing to prevent crimes against its customers -- customers such as the plaintiff in this case. While Wal-Mart was putting cameras and security guards inside its stores to prevent theft, Wal-Mart's Vice President of Loss Prevention, Dave Gorman, indicated in 1996 that only 276 of Wal-Mart's 2,500 stores had outside security patrols and only 400 had outside cameras. See “An Interview with Wal-Mart's Dave Gorman on the Chain's New Parking Security Program,” 7 Parking Security Rep. 10 (June 1996) (quoted in Gilbert Adams, III, et al., “Big Box Retailers: Discovery Abuse,” 36 Trial 39, 40 n. 11 (April 2000)).
</SNIP>

So ya, I think Wal Mart shares some of the responsibility here. Yhey knew what they needed to do to, not reduce but, eliminate crime in their parking lots. They chose to save $45K per year instead.

Jay

[DueJstc]

9. HORRIBLE

At least they've got the perpetrator in custody. Since it happened in Texas, his due process will be fast and hopefully severe!!

[Ilsa]

104. No, we have long waits on death row here also. n/t

[Maestro]

15. Disgusting

Sometimes my opposition to the death penalty is pushed and this is a case. Why did he have to kill her? God, these pathetic animals need to rot in their own filth in jail forever!!!!!!!!!!!! Violent criminals really test my convictions.

[LostinVA]

20. For the Record

I would be saying the same thing if this happened in a Costco lot.

[JMac]

21. Profiting from death? Lawsuit filed in Wal-Mart life insurance case

(Houston Chronicle)

Jane Sims always knew her husband was a valuable employee to Wal-Mart. She just didn't know how valuable.

Sims discovered recently that Wal-Mart, the company her husband, Douglas, worked for before he died, had taken out a life insurance policy in his name.

When Douglas Sims died in 1998 of a sudden heart attack, Wal-Mart received about $64,000. She got nothing from that policy.

"I never dreamed that they could profit from my husband's death," said Sims, whose husband worked in receiving at Wal-Mart's distribution center in Plainview for 11 years.

Companies routinely take out secret life insurance policies on the lives of their low-level employees and collect thousands of dollars when they die. The families never know the policies are in place and typically receive none of the money.

More... http://www.walmartwatch.com/info/internal.cfm?subsection_id=131&internal_id=350

[Jack_DeLeon]

29. How the fuck do life insurance companies work?

So could I have gotten a policy on Arafat a few months back and made a nice paycheck off of that?

Could just any random person buy a policy on Dick Cheney or something?

[ohiosmith]

37. A little off point, but many companies hold life insurance policies on

employees. My wife's employer funds the executives' retirement plans with death benefits from insurance policies.

[mudderfudder77]

38. They do it for most employees

Wal Mart has life insurance policies on most of their employees as do a good majority of companies. This is not something limited to Wal-Mart. In order to recoup the cost of losing an employee companies buy life insurance on them. I don't have a problem with it, they're paying for it.

[jeanarrett]

57. Excuse me? The article says Walmart borrowed

the money from the insurer to pay the premiums, and the insurer then turned around and wrote the note off on its taxes! Jeesh! Look at what the insurance companies call these policies! "Dead peasant" and "dead janitor" policies?

[B3Nut]

41. Whaddafock!?!?!?!?!

That's disgusting. Not to mention macabre. Life insurance is for the benefit of families, not a damned corporation!! Oy oy oy oy oy....

Todd in Beerbratistan

[mudderfudder77]

42. But....

Shouldn't the company be able to recoup the losses it suffered; ie. time, money, training & any other monetary investments in this employee?

[Bridget Burke]

45. I can see insuring a senior executive.

But insuring just any employee--especially when you don't pay them well & don't offer good medical coverage--is evil.

But, that's WalMart!

[Tigress DEM]

114. It's awful, it's Medevil n/t

[RaleighNCDUer]

47. Perhaps if the training they invested in consisted of more than

an hour and a half of video watching.

This policy makes a lot of wal-mart employees worth more dead than alive.

Now, THAT is a scary thought.

(disclaimer -- I never enter wal-mart, and my daughter has worked at wal-mart for four years)

[TahitiNut]

48. No.

It's called a 'business risk' and there is no rightful entitlement for any business to be protected, beyond the limited liability that already exists, for such losses.

They (arguably) train many employees ... lose some, win some, some get rained out.

The only ethical argument in support of PROFIT is that it offsets the losses of risks of doing business.

Wal*Mart has OBSCENE profits ... profits from slave wages, slave labor, and predatory business practices.

[catgirl]

85. What?

[AngryOldDem]

89. You're assuming that Wal-mart makes that kind of investment

in its workers. That is a HUGE, and incorrect, assumption.

[July]

59. I believe this is cynically referred to as "dead peasant" coverage.

Just another way to make a buck for a company that doesn't give a shit about the actual human beings working for them. In fact, for Wal-Mart, the employees are valuable dead or alive (their value in either case being strictly monetary).

[Tigress DEM]

112. Medevil Revival brought to you by Bush and Walmart et al

Policies like the peasant tax were present in the 3 tier structure of Medevil Europe, where the Nobles usually "leased" the land to the peasants so if they died the rich nobel had to pass along the cost of replacing the worker to the rest of the common folk.

Church
Nobles
Everyone else - Peasants

http://www.saradouglass.com/socstruc.html

[genieroze]

55. Walmart, at least where I am has NO lighting in the parking lot.

I was always hesitant to shop there at night. I don't shop there at all now because they are huge contributors to the Repukes.

[AngryOldDem]

56. Saw the video....

...sent chills down my spine. The girl was almost to her car and this guy runs up...she tries to run faster...too late, she's pushed into her car. Tape ends.

A bad thing about this tape too is that it was from a distance. It wasn't like the tape of the mother a few years back beating on her kid, where you could definitely make out features.

[jayfish]

77. The Tape Just Ends Huh?

Could this be why?

http://www.state.wv.us/wvsca/docs/fall01/26012c.htm

<SNIP>
In addition to the circuit court limiting Wal-Mart's responses to the plaintiff's discovery requests, Wal-Mart appears to have just out-and-out hidden evidence from the plaintiff. A standard technique for Wal-Mart is to suggest to trial courts that the plaintiff's cause of action is unique -- even though Wal-Mart's legal department may have handled dozens, hundreds, or even thousands of identical cases. And then Wal-Mart “accidentally” fails to produce important documents which pertain to the plaintiff's lawsuit -- even though it may have already produced those documents in another lawsuit, and even if the plaintiff specifically asks for the documents. (See footnote 3)
</SNIP>



Wal-Mart sux.

Jay

[AngryOldDem]

83. I wonder what will happen to the survellance tapes

...from earlier in the evening? May not prove jack, though, since the camera recording the abduction was not close to the scene.

[jayfish]

90. I Would Like To See This Particular Camera...

footage.


CAUGHT ON TAPE: A still frame captured from a video taken by Wal-Mart store surveillance cameras shows the suspect in a female store employee's abduction Wednesday night at Texas Highway 64 west and Loop 323. (Photo Courtesy Of Tyler Police Department)

Jay

[rainbow4321]

71. Victim's mother in car accident on way to scene

On her way to Tyler after the kidnapping, the victim's mom had a car accident <flipped her car>.

http://www.mysanantonio.com/sharedcontent/APStories/stories/D87OIJNO0.html

Martin said Holden's mother had been in a wreck while driving to Tyler, where she was shaken and covered with cuts and bruises.

"She was on her way here and flipped her car three times," a family member said. "She should have gone to the hospital, but she is concerned about her daughter

[legalcoffee]

79. It's very unfortunate for her family.

In Wal-Marts defense, there are cameras in the outside parking lot as well as a security guard in a go cart deal, a secret Wal-mart police man type in civilian clothing, in the store, not to mention the interior cameras, cashier leads, multiple department supervisors, store manager, a small militia of (usually) large men that unload the trucks that bring the merchandise in.
I worked at Wal-Mart my first year of college and never once did I walk to my car alone when closing or working over time to prepare or to recoup from the holidays or sales.
I think that the problem is in the managerial staff. With as many "heads" as Wal-mart had in the store (even if it wasn't equip with some of the security that the particular store I worked for)the employees, or what some are considering peasants in the grand scheme of things, should have been able to voice the concerns that were brought to the attention of what I would think are managers... my question is: did the employees notice the creep or did the managing staff? Who didn't bring it up the chain? If they did bring it up the chain than said managers should be fired with out the benefits of unemployment or any compensation from Wally World. Also, Wal-mart should have to foot the bill for the necessary security as mandated by whomever does such things.
It's unfortunate for the family and it's unfortunate that so many had the opportunity to stop this tragedy and did nothing. Common sense, isn't so common.

[LostinVA]

86. Just reported the perp is a Marine on Disciplinary Leave

http://www.cnn.com/2005/US/01/21/woman.abducted/index.html

TYLER, Texas (CNN) -- A Marine on leave awaiting disciplinary action was arrested Friday in connection with the kidnapping and killing of a Wal-Mart cashier snatched from a parking lot in Texas while leaving work.

The Pentagon confirmed Williams is a Marine on appellate leave -- meaning he is awaiting disciplinary action for an undisclosed reason. He enlisted in 2001 and has been based at Twentynine Palms near Camp Pendleton in California. His last rank on file is E-1, the lowest enlisted rank.


Not saying this means anything, just new information. At least, he's not a criminal the COURTS allowed out of prison.

[rainbow4321]

93. Suspect had cocaine possession arrest/ charge last month

http://hosted.ap.org/dynamic/stories/C/CLERK_ABDUCTED?SITE=TXSAE&SECTION=US&TEMPLATE=DEFAULT



Police said Williams, who was discharged last year after four years as a Marine, was arrested last month in Tyler on a cocaine possession charge. He was released the same day on $2,000 bond.

Police said Williams also was involved in an armed robbery at a convenience store in Texas on Thursday.

"Something happened to my son," the suspect's mother, Pat Williams, told Dallas television station KDFW, saying he had trouble adjusting to civilian life after serving in Iraq. "Some of the things that he endured I may never know. But it changed who he is and for that I'm sorry."

[NVMojo]

94. Another Iraqi War veteran ....

"The 1st Marine Division is under the 1st Marine Expeditionary Force, based at Camp Pendleton.

Williams served a tour in Operation Iraqi Freedom in 2003, and his awards include the Presidential Unit Citation, National Defense Service Medal, and the Navy and Marine Corps Sea Service Deployment Ribbon."

http://www.nctimes.com/articles/2005/01/22/military/18_00_131_21_05.txt

[Tigress DEM]

110. So, again it comes Back to INSANE Policy by BUSH

No Marine should be put in a war like the one in IRAQ where no one can escape the SHAME of torture under US watch and at US hands.

We are all torturers to the rest of the world the way all Germans became Nazi's in the eyes of everyone post WWII. It wasn't true for all Germans then, it isn't true of all Americans now, but any Marine worth his salt would have trouble with coming home and probably hearing the truth they were never privy to.

How sad that like his commander in chief he turned to drugs to eradicate the pain of knowing instead of finding a way to repair the damage done to him by this wicked ass administration.

[geniph]

128. If he goes to a Marine Corps prison, his ass is grass

the Corps does not take kindly to those who disgrace the name of the service.

[Longhorn79]

100. Good thing the clerk at the other store was armed!

Else we'd have at least two DOA's and the guy still on the run. Only thing he did wrong was miss the heart and cost us taxpayers some money.

[spanone]

105. WalMart parking lots are scary places.

They are full of trash and carts and the lighting SUCKS.

[truthpusher]

111. Peace be with her, her family and her local community. n/t

[Tigress DEM]

113. Ditto

[Horse with no Name]

117. This story has so many victims

To start with--that section of Tyler is pretty dangerous and seedy.
I wouldn't let my daughter work there and would even request that she not be there after dark if she had to work there. It probably wasn't an abnormality for the security of that particular store to deal with that type of behavior from someone who was loitering, therefore the correct and needed bells didn't go off for him to do anything further.
I worked trauma at one of the hospitals there and the majority of shootings, stabbings, assaults, et al came from that section of town.
Tyler is a great place to live--if you can afford to live on the right side of town. A friend of mine's brother-in-law is a cop there and he said that the police don't even like to drive down in that section after dark.
But the girl is from Henderson which is a nice little quaint East Texas town and her parents probably had no idea of that information. Locally Tyler is known as a nice quiet big "small" town.
What I found "funny" about Tyler is that they have one of the busiest trauma units in the state (in fact they have two major trauma centers which is unusual in a town that size)--yet none of the "mishaps" end up on the news and you basically would never know of all of the shootings, stabbings, etc unless you saw it first hand.
Very unfortunate for this girl--she is the same age as my daughter and my heart goes out for their family. To the mother also who was in a wreck on the way.
I also read that the perp was a Marine who was on some type of leave and had been to Iraq. His mother said he hadn't been the same since and she was sad. Their family also lost a son because no doubt he will get the death penalty. Tyler doesn't like bad press.
It comes down that the lives of two kids were lost because of the policies of this administration and its supporters. Wal Mart is at fault because ESPECIALLY in this section of town--any employee (male, female, young, old) should have been escorted out of the store to their car. Period. This is pure negligence. I hope they pay and pay big. But the Bushcons also destroyed this young Marine by the things he saw and was forced to do in Iraq. They broke him down mentally and then cast him out on society to wreak havoc when they used him up. How many more situations are we going to see from these destroyed lives? I shudder to think.

[MrSlayer]

125. At least in Texas he'll get what he deserves.

Well maybe not all he deserves but they will put this piece of shit to death. My deepest sympathies for the poor girl and her grief stricken family. This could have and should have been prevented.

[Roaming]

127. Yes, I agree; after TWO HOURS of hanging around no security

could have dealt with this guy?

On another note, I tell my kids and anyone else who will listen, NEVER EVER get into a car if you can help it--I don't care of the guy has a gun, knife, or whatever; your odds are better to run and fight than get into the car. And if in the car, better to jump out even if it's moving.