Shoplifter Sues Albertsons for causing childs death.

<a href="http://seattletimes.nwsource.com/html/localnews/134437151_albertsons16m.html" target="_blank">http://seattletimes.nwsource.com/html/localnews/134437151_albertsons16m.html</a>

She should win the case. Normally I wouldn't side with the perpetrator of a crime but the Albertson Employees went above and beyond what is called for in these circumstances. It's just sad that a 9 yr old child is now gone over a few sacks of groceries.


[quote] How far can supermarket employees go when trying to apprehend a shoplifting suspect? What if the employees have already recovered the stolen items?
Those are the key questions in a North Bend woman's civil lawsuit, which says two teenage employees at the Woodinville Albertson's chased her too aggressively out of the parking lot after she allegedly stole groceries, causing her to become agitated, drive over the speed limit and crash into a tree.

The woman's 9-year-old daughter died in the accident.

Anita Durrett, 42, has already been convicted of vehicular manslaughter as a result of the crash. She faces sentencing — up to two years in prison — on May 14.

Durrett filed the suit in Snohomish County Superior Court earlier this month, contending that three store employees were at least partly to blame for the accident last June. The lawsuit seeks an unspecified amount of damages.

"She shouldn't have put herself in that position, to start the chain of events," said Durrett's attorney, Jim Rosenberger.

"But (the employees) had her license-plate number, her description. They could have called 911, and the cops would have showed up at her house. They decided to instigate something. This is a two-part deal. We're bewildered as to why they didn't call the police right away."

Jeannette Duwe, Albertson's spokeswoman, said the company won't comment in detail on pending litigation. Albertson's has until the end of the month to respond to the suit.

"But we believe that our employees did act reasonably," she said.

State law says that store employees have a right to use a "reasonable" amount of force to apprehend and detain suspected shoplifters while on the business premises. But it offers no specifics on what constitutes reasonable.

According to police, on June 9, Durrett left the store without paying for $266.16 worth of groceries. She was confronted in the parking lot by two teenage employees and an assistant manager, who demanded a receipt.

She didn't have one and fled the parking lot in her station wagon, leaving the groceries behind.

The manager ordered the two employees, who had a cellphone, to follow Durrett in one of their cars. They caught up with Durrett about a mile away while she was stopped at a red light.

According to the lawsuit, one of the employees got out of the car at that point and "confronted her at the stoplight, and accosted her verbally and physically." Rosenberger said the employee placed his foot on her bumper.

"Anita in her fear of their intentions drove away from the point of confrontation," the lawsuit says.

The employees began chasing her again and "realizing she was being hotly pursued, she increased her speed over the posted speed limit."

Police estimate that both cars were traveling in excess of 90 mph. The crash happened just north of the King-Snohomish county line.

Rosenberger believes the employees knew that the 9-year-old child was in the front seat. Because of that, their actions were reckless, he said. They should also have used the cellphone to call for help during the chase, Rosenberger said.

They didn't call police until Durrett crashed, about 2½ miles from the store, Rosenberger said.

Representatives of shopping centers and security companies that patrol supermarkets said they caution employees about confronting shoplifters because of the potential danger and because of the possibility of civil liability.

In one case, in December 1993, Federal Way resident Antonio Jackson stole a pack of cigarettes from a Safeway supermarket and was chased down by several store employees. One of the store employees put Jackson in a choke hold. Jackson died soon afterward.

Jackson's family later sued and won an out-of-court settlement.
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[ 04-16-2002: Message edited by: hmurchison ]</p>

[quote]Originally posted by tmp:
<strong>

I don't agree. She drove the car. She stole the groceries. She sped away from the scene. These were choices she made. Whatever harrassment she was enduring at the hands of Albertsons employees, she could have simply sat in the car and waited for the police to come.

I have a questions- was the child buckled up?</strong><hr></blockquote>

The problem here is not the crime but the fact that the Manager ordered the Employees to retrieve the Woman(even though she no longer had the groceries). Therefore he delegated power that Legally these gentleman don't possess. They are culpable for the death because they broke the Law(speeding) in their attempts to detain the Woman. I'm afraid Albersons is going to pay heavily for this. The case at the bottom about the Man that was killed over a pack of cigarettes has set a precedent that will be "pounded" into a local Jury's collective heads. Only a Bufoon of a Lawyer would lose this case...plaintiff greed or not.

Groverat we are in full agreement here. I initially thought "Oh she loses this big" until I read about 90mph chases and the actions of the Alberstons employees. The fact that she was stealing food is going to be played out in court as a Mother doing what she must to put food on the table(right or wrong). Those employees could have killed another citizen. Stores in WA only have a small juridiction for their premises. No One is allowed to engange in any efforts like this. All in all I feel for that little girl who paid for her Mothers horrible decision with her life.

Her crime notwithstanding you only have so much jurisdiction to prevent theft of your products. The Alb employees went WAY too far and broke the law themselves by not obeying the speed limit.

To the Albertson Manager who ordered this:

That loud sucking sound sound you hear is your career going down the drain.