South Carolina Ping
Posted on 12/09/2005 10:01:11 PM PST by upchuck
CONWAY — The husband of a Galivants Ferry woman is suing Wal-Mart for $10 million three years after two men abducted her from a store parking lot.
Barry Donovan's lawsuit accuses Wal-Mart of negligence and carelessness that resulted in the death of his wife.
Alice Donovan was kidnapped Nov. 14, 2002, by two men who had escaped from a Kentucky prison. Federal juries convicted Chadrick Fulks and Branden Basham of murder though her body has never been found. Both men were sentenced to death.
Allegations in Barry Donovan's lawsuit include that Wal-Mart failed to adequately monitor and control its premises.
Wal-Mart spokesman Martin Heires says the company secures its parking lots, but didn't elaborate.
Chris McGoey, a California security consultant, said lawsuits over the safety of store parking lots are common and about 90 percent of them are settled.
The lawsuit also accuses the Arkansas retailing giant of failing to protect its patrons or warn shoppers of the nature and extent of crimes committed on the premises. The suit also says Wal-Mart failed to ensure that its own security procedures were followed.
Alice Donovan drove into the Conway Wal-Mart parking lot about 2:30 p.m. Fulks and Basham pulled in behind her in a stolen truck they wanted to ditch.
When she pulled into a parking space, Basham jumped from the truck and got into her BMW. He forced her to drive to the back of the parking lot where the two men abandoned the truck. The two then forced Donovan to drive away.
Donovan's family also is part of a federal wrongful death lawsuit filed against the Hopkins County (Ky.) Jail.
That suit, filed this summer, alleges that jail officials were indifferent to training, instruction and supervision of their officers and that the jail was understaffed when Basham and Fulks escaped.
Basham and Fulks also pleaded guilty in the disappearance of West Virginia college student, Samantha Burns. Both men received life sentences in that state for her death. Burns' family also is part of the lawsuit against the Kentucky jail.
Flush......
Unbelievable. I know he must be hurting over the loss of his wife but how can he possibly hold Wal-Mart responsible?
Not Wally World's fault. They caught the two Sons a B_tches. It is their fault. Quit trying to find money just to "ease your mind" about her death.
Shakespeare was right.....
The suit against the jail makes sense, the suit against WalMart does not. There's nothing reasonable a WalMart outlet could have done to prevent something like that. That one's basically like getting hit by lightning.
Simple, greed. He can't sue the prison from which the abductors escaped because it is a public entity. Public entities have virtual immunity by way of statutory limitations for wrongdoing, a mere hundred thousand dollars or so. There are no such limitation on private business. The sky is the limit. So who do you think the lawyer advises the plaintiff to sue. The near empty coffer or the treasure chest. It's absolutely amazing that business continues to thrive in this country and that public incompetent employees go unpunished.
Just one more reason that I lease space at the mall.
Your post is right on target. It is plain and simple extortion by lawsuit. Greedy lawyers have learned that any thing that happens they can somehow trace to a faulty product, negligence, or poor training. They pick juries who are likely to "punish" rich businesses and "reward" the poor individual.
They don't realize how much freedom we lose in products and services not being offered, stupid zero tolerance policies, and all sorts of other inanities designed to CYA against lawsuits.
Yes, this is a very good example.
Lawyers who bring these kinds of suites should be punished.
They should pay the expenses of the party they are suing as well. It is way past time the law was changed.
I don't fault the husband, I fault the lawyer.
Lawyers
I thought everything was Bush's fault.
For once something isn't George W. Bush's fault!
How about instead of punishing lawyers, elect/appoint good judges who can actually judge a ridiculous lawsuit(such as this, for example) for what it is?
"Banning" lawsuits opens pandora's box. Having good judges is the best way to handle ridiculous lawsuits.
Punish unethical lawyers.
Or give the general population a bag limit.
While we are talking about professions, publish the rates of success/ethics of not only lawyers, but also doctors, scientists and engineers.
All of the above can call up my entire life history, before deciding to let me hire them to serve my needs.
Can you explain why I am unable to research them to the same extent?
Original abduction thread (~3000 posts)
http://www.freerepublic.com/focus/news/789797/posts
"Punish unethical lawyers."
Yes, of course. It sounds good in theory and is heart warming, but how is it possible to find what is ethical and what is unethical, especially in civil lawsuits? Who decides it?
My point is that instead of "banning" lawsuits, have judges who see all the evidence and cases and make decision. Appropriate decisions(job of judges) render ridiculous lawsuits futile.
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