This Day On The Street
Continue to site
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Wal-Mart Cleared in Parking Lot Murder Case

LAS VEGAS ( Courtroom View Network) After fiery closing arguments in the Smith v. Walmart trial, a jury found Wackenhut, but not Wal-Mart (WMT - Get Report), liable for inadequate security in a store parking lot where a customer was murdered. The jury awarded over $1M in damages.

Michael Born was murdered in a Wal-Mart parking lot while replacing his car's headlight. The plaintiffs claimed that Wal-Mart knew the store was located in a high-crime area, and that police were repeatedly called to the site. However, neither Wal-Mart nor its hired security service, Wackenhut, took adequate measures to protect Wal-Mart customers.

Plaintiff attorney Mont Tanner reminded the jury that there had been more than a hundred similar incidents of serious crimes at the store, such as battery and robbery, most within the two years prior to the murder. However, said Tanner, there was no annual security assessment at this "crime magnet" by either Wal-Mart or Wackenhut, and the Wackenhut patrol officer was not trained to identify or deal with suspicious persons. Wal-Mart also allegedly failed to comply with its own security guidelines.

For Wal-Mart, Rob Phillips of Phillips, Spallas, and Angstadt, told the jury, "This is what's extremely frightening about this case. We are imposing on...the Wal-Mart store a super-human, an incredible burden...I implore you to understand that a retailer does not provide a dome of protection for individuals. There is no law that says when someone walks on the property they are guaranteed to be safe from erratic behavior, or criminals that have an intent to commit crimes." Nonetheless, said Phillips, Wal-Mart provided better security than anyone else in the retail industry at the time of the crime.

Moreover, said Phillips, there is no evidence in the case that the perpetrator was acting suspiciously. He was on the property for twelve minutes. There was no evidence that he was loitering or that he did anything out of the ordinary. And even if he had been acting suspiciously, Wal-Mart could not reasonably have been expected to have an opportunity to view the suspicious behavior, and to spot the perpetrator from among 670 other people who visited the store in an hour.
1 of 4

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Real Money

More than 30 investing pros with skin in the game give you actionable insight and investment ideas.

Product Features:
  • Access to Jim Cramer's daily blog
  • Intraday commentary and news
  • Real-time trading forums
Only $49.95
14-Days Free
14-Days Free
WMT $66.87 0.00%
AAPL $93.74 0.00%
FB $117.58 0.00%
GOOG $693.01 0.00%
TSLA $240.76 0.00%


Chart of I:DJI
DOW 17,773.64 -57.12 -0.32%
S&P 500 2,065.30 -10.51 -0.51%
NASDAQ 4,775.3580 -29.9330 -0.62%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs