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Home > Law > Other Law   »   Mugged in Wal-Mart parking lot

 
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Old May 15, 2008, 05:38 PM
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Mugged in Wal-Mart parking lot

Last night my mother was mugged in the wal-mart (Bullhead City Arizona)parking lot.Apparently what she had said is that she was getting in her truch and 3 teens 1Black 2Mexicans came up to her and grabbed her on her right shoulder and said "We want your money".She told them she didn't have any money on her(she really didn't) so then they spun her around and pushed her into the edge of the truck door.Next all she remembers is a orange florescent vest.(Wal-Mart cart collectors) dragging them into the store.Now she has a severe concussion and wal-mart says that her truck was not there at the time the mugging occurred.Now since the police are investigating Wal-Mart wants a receipt proving she was there now the only problem is that she bought only a iced tea and when the teens pushed her into the door she dropped the receipt.After the teens were dragged into Wal-mart she drove off without getting the receipt.Now the cart collectors are refusing to say anything.The cops said that they would try to get them for burglary and assault but can they be charged with vandalism because the put about over 30 scratches down the drivers side of her truck.Is there anyway to continue the investigation without the receipt?

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Old May 15, 2008, 05:48 PM   #2  
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of first of course not to be picky but depending on where you live the actual term vandalism is not a real crime in many places, it falls under many other names, tresspass, criminal damage to property or some other name.

But to be honest burglary and assult are serious crimes the other is little or nothing, and if they get convicted on one of the felony, the other crime just gets served at the same time. also most likely they have nothing but even if not changed she can sue them for damages also.

But walmart should actually be forced to provde a reciept, they know the @ time it happened, she should be able to say what register she went to,
She can hire an attorney and force the cart people and the register person to talk.
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Old May 15, 2008, 07:15 PM   #3  
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Quote:
Originally Posted by Fr_Chuck
of first of course not to be picky but depending on where you live the actual term vandalism is not a real crime in many places, it falls under many other names, tresspass, criminal damage to property or some other name.

But to be honest burglary and assult are serious crimes the other is little or nothing, and if they get convicted on one of the felony, the other crime just gets served at the same time. also most likely they have nothing but even if not changed she can sue them for damages also.

But walmart should actually be forced to provde a reciept, they know the @ time it happened, she should be able to say what register she went to,
She can hire an attorney and force the cart people and the register person to talk.
Apparently Wal-Mart is saying they do not have this on video and have no records of it happening yet the cart collectors actually forced them to go inside and Wal-Mart called the police.How is that possible?Does Wal-Mart think that she is going to sue them?
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Old May 16, 2008, 05:39 AM   #4  
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Quote:
Originally Posted by flashflare16
Does Wal-Mart think that she is going to sue them?
Hello flash:

Yes they do, and she absolutely should.

excon
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Old May 16, 2008, 05:47 AM   #5  
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I'm a little confused here. Your mother was accosted in the Wal Mart lot. The cart collectors, collared the perps and took them inside the store where the police were called. In the mean time you mother just drove away. Did the WalMart people offer her any assistance or ask her to come inside to press charges?

What are the police doing? Did they take a statement from the Wal-Mart employees? Did they actually arrest the punks? Did you mother go to the police to file a complaint?

There are a lot of missing pieces here.

If the police arrested the punks, they HAD to have taken a statement from the cart collectors, otherwise they had no grounds for an arrest. You mother would then be added to that police report IF she reported the incident to them.
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Old May 16, 2008, 07:05 AM   #6  
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Quote:
Originally Posted by ScottGem
I'm a little confused here. Your mother was accosted in the Wal Mart lot. The cart collectors, collared the perps and took them inside the store where the police were called. In the mean time you mother just drove away. Did the WalMart people offer her any assistance or ask her to come inside to press charges?

What are the police doing? Did they take a statement from the Wal-Mart employees? Did they actually arrest the punks? Did you mother go to the police to file a complaint?

There are a lot of missing pieces here.

If the police arrested the punks, they HAD to have taken a statement from the cart collectors, otherwise they had no grounds for an arrest. You mother would then be added to that police report IF she reported the incident to them.


Laws must be different in Arizona - I don't understand why it's burglary and not robbery.

Anyway - WalMart may not be responsible. Incidents in parking lots are difficult (at leat in NYS). WalMart may not own the lot, there are a lot of factors involved. There is a reasonable expectation you will be safe in a parking lot but unless there were lots of problems, is WalMart responsible for security in the parking lot - ? That's the question.

As far as the receipt - the purchases are all on computer. WalMart has it on computer and it will be easy to find if that was her only purchase.

And, yes, someone complained to the Police, as Scott said.
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Old May 16, 2008, 07:28 AM   #7  
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If she paid cash, they may not be able to attribute it to her. They can confirm that an ice tea was purchased for cash around the time of the incident but not who purchased it unless that can tie a security camera to the register for that time.

But I don't see why that's important. The only reason that would be important is if she is putting in a claim against WalMart. Is she doing that? If so, she has an uphill battle as Judy mentioned.

Like I said, a lot of missing pieces here.
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Old May 16, 2008, 07:42 AM   #8  
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Quote:
Originally Posted by ScottGem
If she paid cash, they may not be able to attribute it to her. They can confirm that an ice tea was purchased for cash around the time of the incident but not who purchased it unless that can tie a security camera to the register for that time.

But I don't see why that's important. The only reason that would be important is if she is putting in a claim against WalMart. Is she doing that? If so, she has an uphill battle as Judy mentioned.

Like I said, a lot of missing pieces here.


Whenever I work on an incident/accident involving a store I always try to pull a receipt if the potential Plaintiff does not have one. Doesn't positively prove the person was there but does back up the potential Plaintiff's "version" and the info may not available if the "she wasn't here" argument is raised later.

And, yes, a lot of missing pieces -
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Old May 16, 2008, 02:14 PM   #9  
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Quote:
Originally Posted by ScottGem
I'm a little confused here. Your mother was accosted in the Wal Mart lot. The cart collectors, collared the perps and took them inside the store where the police were called. In the mean time you mother just drove away. Did the WalMart people offer her any assistance or ask her to come inside to press charges?

What are the police doing? Did they take a statement from the Wal-Mart employees? Did they actually arrest the punks? Did you mother go to the police to file a complaint?

There are a lot of missing pieces here.

If the police arrested the punks, they HAD to have taken a statement from the cart collectors, otherwise they had no grounds for an arrest. You mother would then be added to that police report IF she reported the incident to them.


My mother had a severe concussion and didn't know what she was doing.Wal-Mart cart collectors did not offer her any assistance.The Police are reviewing the tapes still and my mother filed a police report at the hospital and no she is not pressing charges against wal-mart.She wants to press charges against the teens for the scratches all around her truck,bent glasses($300)and for the hospital bill.
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Old May 16, 2008, 03:30 PM   #10  
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Quote:
Originally Posted by flashflare16
My mother had a severe concussion and didn't know what she was doing.Wal-Mart cart collectors did not offer her any assistance.The Police are reviewing the tapes still and my mother filed a police report at the hospital and no she is not pressing charges against wal-mart.She wants to press charges against the teens for the scratches all around her truck,bent glasses($300)and for the hospital bill.

I'm not sure I wouldn't ask an Attorney about WalMart's liability - I know it didn't happen but your mother had a severe concussion, got in a vehicle and drove home ... and nobody at WalMart offered any assistance.

Not saying you would win but I would look into it - your mother certainly has other damages such as pain and suffering.
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