And what grounds exactly do you believe she has to challenge Wal-Mart on anything? Either your reading comprehension is seriously flawed or you are seriously confused about the law in general.
Why either/or? I can be both can't I? It should be dismissed for lack of evidence. Just where are those cigarettes anyway? Perhaps she snuck back into the store and returned them. Or sent an anonymous letter reimbursing them for the loss and an apology and the store conveniently "lost" it. Where are the actual people that witnessed this right now? How are their memories? Could they pick her out of a line-up all these years later? I'm no F.Lee Bailey but I pity the company that takes me to small claims court.