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Old 08-10-2022, 08:46 AM   #1
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Walmart overnighting challenged in court

https://www.startribune.com/mother-w...ler/600196979/

I recall this incident when it occurred 3 years ago. The careless--actually, reckless--actions by an individual are likely going to have far-reaching effects.
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Old 08-10-2022, 08:47 AM   #2
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Quote:
Originally Posted by Talloaks View Post
https://www.startribune.com/mother-w...ler/600196979/

I recall this incident when it occurred 3 years ago. The careless--actually, reckless--actions by an individual are likely going to have far-reaching effects.
that story is blocked behind a pay wall
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Old 08-10-2022, 08:58 AM   #3
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By clicking on login and then Home one has time enough to see Walmart was sued.
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Old 08-10-2022, 09:07 AM   #4
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If interested read here

https://yrtnews.com/mom-sues-walmart...store-grounds/

These type of threads go off course quickly please keep the discussion On Topic, Nice, and non political.
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Old 08-10-2022, 09:09 AM   #5
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Sorry, I can't fix the paywall, but here is the gist of the article:

McKenzie and her two daughters stopped at the Fridley store the morning of Aug. 6, 2019, after dropping her mother and another relative off for an early-morning flight. She decided to let the two girls continue sleeping in her car while she went inside to shop.

Roberto Lino Hipolito, 74, and his wife were staying in their camper in the lot. After finishing making breakfast on a butane camp stove, he put the stove back in his vehicle without waiting for it to cool. Hipolito placed bedding on top of the stove before parking closer to the front of the lot next to McKenzie's vehicle.

Hipolito's vehicle caught fire while he was inside the store, spreading quickly to the cars parked nearby. McKenzie left the store to discover firefighters responding to her car being engulfed by flames as her daughters remained trapped inside. Emergency responders had to restrain her as she tried to run to her children.

Ty'rah was in cardiac arrest but was revived at the scene after being pulled from the vehicle. However, she died at a hospital a day later from smoke inhalation and burns that covered nearly 60% of her body. McKenzie's other daughter suffered permanent injuries.

Her lawsuit points out that Walmart had surveillance cameras that could observe the activities of those staying in its lot and should have done more.

"Walmart failed to monitor the activities of overnight campers, specifically the Hipolitos, though having the capability to do so," according to the lawsuit.
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Old 08-10-2022, 09:11 AM   #6
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Quote:
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that story is blocked behind a pay wall
The Star Tribune isn't the only news source in town. Keywords Fridley, Walmart and lawsuit work wonders.
https://www.twincities.com/2019/08/0...t-parking-lot/
https://yrtnews.com/mom-sues-walmart...e-grounds/amp/
...
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Old 08-10-2022, 09:11 AM   #7
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McKenzie is now suing Walmart related to its policy that welcomes RV campers to stay overnight in the mega retail chain's store parking lots, alleging negligence and wrongful death as a result of a lack of proper oversight.

"For me, it's more about accountability," the Coon Rapids woman said. "I feel like I took full accountability because my child is not even here. I have a child that I can't see every day. I took full accountability for that, but besides that, I feel like everybody else needs to step up and take accountability for their part."

McKenzie sued the Arkansas-based Walmart in U.S. District Court in June, with her minor daughters also listed as plaintiffs.

The five-count complaint, seeking more than $75,000 in damages, outlines allegations including negligence, nuisance and wrongful death. At the heart of the suit is Walmart's invitation for campers to stay overnight in its parking lots. McKenzie alleges that Walmart endangers shoppers and nearby residents by not actively monitoring its overnight guests, saying it created an "unregulated campground."
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Old 08-10-2022, 09:23 AM   #8
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Would like to know the age of the two girls.
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Old 08-10-2022, 09:27 AM   #9
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Would like to know the age of the two girls.
The one who died was 6. The one who survived with disfiguring injuries was 9 at the time of the incident.
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Old 08-10-2022, 09:27 AM   #10
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Quote:
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Would like to know the age of the two girls.
Six and nine, per the news articles.
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Old 08-10-2022, 09:28 AM   #11
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I'm very sorry for her loss, but why is she blaming others when she was clearly negligent by leaving her young children alone, unattended in the car?

Sometimes it's hard to accept that your own negligence was the root cause of a terrible event.
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Old 08-10-2022, 09:30 AM   #12
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Would like to know the age of the two girls.
6 and 9. The 6 YO died.

What I don't see is the ultimate outcome. Folks can sue for anything, but the final disposition is what matters.

It seems like there is plenty of poor behavior to go around.
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Old 08-10-2022, 09:36 AM   #13
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I'm very sorry for her loss, but why is she blaming others when she was clearly negligent by leaving her young children alone, unattended in the car?

Sometimes it's hard to accept that your own negligence was the root cause of a terrible event.
Agree. But question a 9-year-olds inability to exit the car.
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Old 08-10-2022, 09:36 AM   #14
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The lawsuit was just filed and will be months before there is an outcome unless Walmart settles to make it go away. $75k is chump change. The lawyers will charge more than that for one court appearance.
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