Wal*Mart being sued: Ammo to mental deficient?


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Mad Magyar
April 25, 2007, 09:12 PM
The suit alleges that Wal*Mart employees simply sold the ammunition (shotgun shells) to an unstable man, asking few, if any, questions to the individual. The man, during a drinking episode, shot & killed a person... Since he is pleading innocent by insanity, is seeking damages from Wally World...
I just cannot believe this.....Soon, Wal*Mart will stop selling all ammo....:rolleyes:

I apologize, it seems it is the victim's family who is suing Wally World; not the deranged perp. Source: Las Cruces Sun-News newspaper....
They had some TV coverage last night and the family attorney's felt they should ask some questions; other than following state & Fed laws that requries only age being the qualification...He admitted that Wal*Mart followed the law..I think they want a pay-off, out-of-court, thinking that Wal*Mart will pay to get rid of the bad publicity...

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PPGMD
April 25, 2007, 09:29 PM
Great my ammo supplier might go away.

Kind of hard for someone selling ammo to know if someone is nuts.

rbernie
April 25, 2007, 10:49 PM
Link?

tnieto2004
April 25, 2007, 11:07 PM
Please show us some site information ..

Geronimo45
April 25, 2007, 11:31 PM
What? Nobody runs a background check on ammo purchases. Nobody ever asks any questions, 'cept the usual 'see your license' (for me anyways) to make sure you're 21 or above.

markmc753
April 25, 2007, 11:38 PM
A man walked into a walmart and bought a chainsaw. Later that same day, after drinking a case of bud lite (also purchased at Walmart), he killed his neighbor with the chainsaw. Can the victim's family sue walmart for not giving the buyer a mental health screening before selling him the chainsaw and beer??

p2000sk
April 25, 2007, 11:42 PM
"Do it for the children!":barf:

hotpig
April 25, 2007, 11:43 PM
Chain saws do not have the negative stigma that guns have. If this is true you can bet the ammo will be on closeout in your neighborhood China Mart soon.

sm
April 25, 2007, 11:56 PM
Link Please.

Lawsuits for suing everything connected to one's actions is way past being ridiculous.

Unstable.

Ok, I want to sue:
Media, Conveyances, Petroleum Product manufacturers that make products to power conveyances, Tire and wheel manufacturers, as conveyances have tires , or at least wheels.
Clothing, shoes and all apparel manufacturers.

I'll start here, and think of others later.

Unstable are the Politicians that are not representing me.

I mean these folks used media, cars, planes, subways, trains to stump for votes, attend rallies and all.
They had clothes and shoes on...

Well...

denfoote
April 26, 2007, 03:59 AM
I wonder if Wallyworld will grow some cajonies or cave??

bill larry
April 26, 2007, 04:34 AM
:rolleyes:

never_summer
April 26, 2007, 10:35 AM
damn they have the cheapest .45 around here at 10.00 for blazer brass, atleast ill still have academy to buy my ammo.

Troutman
April 26, 2007, 11:53 AM
Why surprised on these kind lawsuits?
Look at Mac D... There are a lot of bogus lawsuits they have going on. If these companiesí pay under the table, these lawsuits (bogus) will continue to happen.

Oohrah
April 26, 2007, 12:30 PM
Darn, Wally world in the next state (Kalif.} thirty miles away had
quite a selection of firearms acouple of years ago. However, those
people purchasing them had quite a journey with cost for various
fees and a waiting periods. That was taken care of by no sales
of any firearms except paint ball stuff. Curious, I looked at sporting
goods while picking up walnut hulls for case polishing from their pet
section. It was well stocked with currant popular ammo. Alas,
soon to be coming will be outlawing the fishing poles due to the
dangerous hooks they cast.:fire:

Lonestar49
April 26, 2007, 01:51 PM
Quote: A man walked into a walmart and bought a chainsaw. Later that same day, after drinking a case of bud lite (also purchased at Walmart), he killed his neighbor with the chainsaw. Can the victim's family sue walmart for not giving the buyer a mental health screening before selling him the chainsaw and beer??
--------------------------

Actually, their Lawyer, who will get 40% (plus his time-charges in many cases as well) will Sue 3, using the Deep-Pocket approach, Walmart, the Liquor Store, and the makers of Bud lite..

All 3 will pay, is my bet, a settlement out of court to make it go away, rather than spend FAR more money defending themselves, thru the process of law thru hours and hours of pre-trial depositions, with all involved, including those not involved, like friends, family, for character references, etc., let alone, in court/taking it all the way to trial, Attorney fees/time.

So, the pre-trail cost to all 3, would in 90% of such cases, would crunch the numbers, and make an offer that in 90% of the time, are accepted by the suing party, and of course, the Attorney gets the money first, takes whatever, he charges, and what's left is taken by the defendant's.

Take it to court because your right/innocent? Trust me, taking such cases to any court, right or wrong, is a 50/50 crap shoot every time, bar none.

Justice :confused: not really, more like, throw enough crap at a wall, and some is bound to stick, unfair- rewards.


LS

Linkinlog
April 26, 2007, 01:57 PM
People never want to blame the PERSON RESPONSIBLE for the issue, instead they want to make money and screw over everybody else. :fire: :cuss:

aubie515
April 26, 2007, 04:52 PM
I am in complete agreement with linkinlog on this one. Pretty soon Bic will be sued because someone used a pen to stab another person. At some point, we must be held accountable for OUR actions. Wal Mart cannot be held accountable for what someone else does with the products that are being sold. If that is the case CVS or Walgreen will be sued for selling ingredients used to make meth.

MD_Willington
April 26, 2007, 05:47 PM
Accountability...

Has Walmart ever been sued for selling supplies for making meth?

I've never heard of them being sued for that.

The average Walmart employee is not a "mental health provider" and should not be required to screen people for mental health issues.


I hope the judge tells the perp and his family to go pound sand.

The Law
April 26, 2007, 05:57 PM
This is reminiscent of the issue that created Dram Shop Acts many states have adopted.

http://en.wikipedia.org/wiki/Dram_Shop_Act

In some states, bars can be held liable for the actions of a patron who is served in the establishment (e.g. DUI crash).

Before you call for the death of all the lawyers, be aware that your legislators can enact laws to prevent this kind of outcome.

However, I agree that Walmart has better things to do than conduct instant mental health background screenings for all customers.

Sniper X
April 26, 2007, 06:09 PM
One of our wally's here in Albuquacky had a sellout of ammo becuase they were one that was closing their sporting goods department (libby part of town). Anywho, I picked up 10 boxes of 30-30 for $4.00 each, all they had left when I happened to see it.

Sniper X
April 26, 2007, 06:14 PM
Now on the issue, I feel as all of us here obviously do, that these lawers who keep bringing these frivolous lawsuits should be sued themselves by the people they are trying to sue in said frivilous lawsuits! If these big deep pocket companies would start to bring it back to the assonine lawers who are pushing these idiots inot the lawsuits to beguin with. We will stop seeing these idiots trying to sue places like gun manufacturers, and wally world for crap like this.

Scorpiusdeus
April 26, 2007, 07:48 PM
I'm suing my mother's obstetrician because I'm not taller and better looking than I am.

Black Knight
April 26, 2007, 09:12 PM
Backdoor gun control. Why have a gun if you can no longer get ammo for it?
At least that is what they think.

JohnBT
April 26, 2007, 09:47 PM
"Chain saws do not have the negative stigma that guns have."

They don't? There's a movie that did for chainsaws what Jaws did for sharks.

"The Texas Chainsaw Massacre is an independent low-budget influential horror film, known to be a true horror classic, that started off a new wave of horror films. It was made in 1973 (released in 1974) by director Tobe Hooper, who co-wrote the film with Kim Henkel (who was later to write and direct his own sequel).The film caused incredible controversy when first released, and shocked American audiences."

hotpig
April 26, 2007, 10:17 PM
I have never watched the movie but remember when it first came out. The chain saw is always used in any haunted house or haunted hayrides in my area around Halloween.

I have never been talking about chainsaws and had a person ask me why I owned one. ;)

Also by THR standards China Mart should have sold the guy ammo even if they knew he was unstable. Same with Cho, even if he was obviously deranged he should have been able to load up with guns and ammo.

CraigJS
April 26, 2007, 10:47 PM
I wish that Wal Mart with the lawyers that they are sure to have on retainer, would fight this law suit until those that are sueing die of old age.. BUT, they will most likely pay to make it "go away". If this guys mental condition was such a problem for him and his family, I wish a judge would/could ask his family where the hell they were for him, before there were $$$ signs involved.
Scum bags!!
Be safe.

Robo_Railer
April 27, 2007, 12:26 AM
I feel as all of us here obviously do, that these lawers who keep bringing these frivolous lawsuits should be sued themselves by the people they are trying to sue in said frivilous lawsuits!I was having some of the same thoughts. I've never been sued, but I read something years ago that I plan to follow if it ever happens. The writer suggested that if as soon as a defendant was found not liable, they countersued for malicious prosecution, a lot of the attraction might go out of filing frivilous lawsuits. I've never heard of it happening, but I think it ought to be tried more often.

I know there will be arguments about how the tort barracudas "stand up for the little guy," but some of those shysters need to think before they file, and stop listening for the sound of distant cash registers. I mean, they have to know that if Wal-Mart complied with the law and could not possibly have known that the buyer was unstable, then there's no "duty of care" and so no "breach" of that duty.
Those lawyers should just go find a case with some merit to it.

Dr.Rob
April 27, 2007, 05:30 AM
wrong forum folks...

BobTheTomato
April 27, 2007, 06:52 AM
To me this seems plain and simple like people looking for money. Odds are they will get 5 grand from walmart to shut up and go away as legal fees would be higher.

Soybomb
April 27, 2007, 07:07 AM
I was thinking today that most people here though the VT shooter's rounds looked like WWB stuff. Wasn't a certain fluffly filmmaker partially responsible for exploiting the columbine shooting to get k-mart to stop selling handgun ammo? If cho bought his ammo at walmart and similiar results were had I think alot of shooters would suffer a loss of cheap ammo.

sacp81170a
April 27, 2007, 08:22 AM
I wonder if Wallyworld will grow some cajonies or cave??

One thing about Wal-Mart, they know if they cave to a frivolous suit the ambulance chasers will be lined up at the courthouse door quicker than you can say "Tort!" They have a tendency to fight suits like this tooth and nail because they know everyone wants a piece of their pie. I predict this one will be dropped when the plaintiffs realize just how seriously Wal-Mart takes any lawsuit. Think I'm joking? Notice all the little smoked plexiglass spheres hanging from the ceiling next time you go into a Wally World. They're not there to prevent shop lifting, they're there to catch would be scam artists trying to claim damages from purported injuries. I know some of the guys in their "loss prevention" department, and lawsuits are the loss they're most interested in preventing.

Bad mistake if you think the corporate lawyers at Wally World will cave on anything.

kb2iaw
April 27, 2007, 09:01 AM
As soon as theres blood in the water the sharks arrive ... They are dressed in pin striped suits ,wear wing tipped shoes .Charge $150.00 an hour , even charge you if you iniate the phone call .and are sometimes elected as judges ....So dont be suprised .

pcosmar
April 27, 2007, 09:19 AM
Is this just more Walmart bashing? Is the a true story? Is there a link?

I could go into any store and buy ammo. I can't buy a gun. there is NO check for ammo anywhere I have been.
BS meter is Pegged.

ATW525
April 27, 2007, 09:28 AM
EDIT - Found it! freenewmexican.com (http://www.freenewmexican.com/news/60765.html)

LAS CRUCES, N.M. (AP) _ A lawsuit alleges Wal-Mart sold ammunition to an unstable man accused of fatally shooting another man six hours later in Las Cruces.

Kenneth Rauch, 49, of Las Cruces has been accused of killing Eusebio Escobedo, 27, of Ciudad Juarez, Mexico, on April 25, 2005.

Charges against Rauch include first-degree murder and attempted murder. He is being held at the Las Vegas Medical Center. No trial date has been set.

The lawsuit, filed Monday in state district court, lists the plaintiffs as Escobedo's children, fiancee and estranged wife.

The lawsuit, which seeks unspecified damages, alleges Rauch was under the influence of alcohol and mentally disturbed when he bought shotgun shells at a Wal-Mart in Las Cruces.

Wal-Mart has a policy governing the sale of firearms, including background checks and determining if prospective customers are under the influence, said Ken Egan of Las Cruces, the plaintiffs' attorney.

But when Rauch bought the shotgun shells, there was no such policy governing the sale of ammunition. The lawsuit alleges Wal-Mart employees sold the ammunition to an unstable man, asking few, if any, questions.

John Simley, a spokesman for Wal-Mart, said the company had not seen the complaint.

"We don't know what the complaint says. As a result, we can't comment on something we haven't seen," he said Wednesday in a telephone call from Bentonville, Ark.

Escobedo, his fiancee and her 3-year-old son had stopped at a Las Cruces gasoline station when a a man fired a gunshot into the hood of their car, police have said.

The man then walked to the driver's side window and shot into the car, hitting Escobedo, who had thrown himself across his fiancee as she sat in the passenger's seat, authorities said.

security6
April 27, 2007, 09:39 AM
I don't expect the lawsuit to go anywhere. Walmart's actions are held up against what the stadard is in the industry, and the industry standard is not to check. Unless the entire industry's practice of not doing a mental health check before selling ammo is found to be negligent, don't expect to see anything from this.

I was having some of the same thoughts. I've never been sued, but I read something years ago that I plan to follow if it ever happens. The writer suggested that if as soon as a defendant was found not liable, they countersued for malicious prosecution, a lot of the attraction might go out of filing frivilous lawsuits. I've never heard of it happening, but I think it ought to be tried more often.

Counter-suits are actually pretty common. You don't hear about them because they rarely go anywhere.

pcosmar
April 27, 2007, 09:51 AM
Ok,
I can't wait to see how this plays out.
Here is a link to the lawsuit.
http://www.lcsun-news.com/news/ci_5747441

I am not a lawyer, but I read it.
I would hope the judge can see it for what it is.

MountainPeak
April 27, 2007, 09:53 AM
We need more "lawyer control".

Lashlarue
April 27, 2007, 10:02 AM
I'm suing my mother's obstetrician because I'm not taller and better looking than I amYou were a beautiful baby. Did your mom ever figure out who your father was:)

Outlaw Man
April 27, 2007, 12:11 PM
I would imagine Walmart will be able to win this one, and I hope that's the case. Walmart is by far the number 1 customer of Remington (and possibly some of the other companies. If Walmart were to stop selling ammo (and in turn, guns) it would really hurt the gun industry.

Car Knocker
April 27, 2007, 01:22 PM
If Walmart were to stop selling ammo (and in turn, guns) it would really hurt the gun industry.
I don't think so. Walmart buys these products to resell them. If Walmart doesn't stock them any longer, most people will buy the products at other retailers for a bit more money and the manufacturers will likely make a bit more profit per unit sold to offset any reduction in sales.

Robert Hairless
April 27, 2007, 02:45 PM
If Walmart were to stop selling ammo (and in turn, guns) it would really hurt the gun industry.

Of course. But many gun owners would be happy to support their local mom and pop stores by paying much higher prices for ammunition.

Then we can help put supermarkets out of business so we can support our local mom and pop stores by paying higher prices for food too, and go on to get rid of all chains so we can support our local mom and pop stores by paying higher prices for everything.

No gun owner buys anything on the Internet either. We're patriotic.

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