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Montana couple sues Albertsons after knife slashing

Posted on 9/20/21 at 11:26 am
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19180 posts
Posted on 9/20/21 at 11:26 am
Gotta love our litigious society.

quote:

Missoula couple Dylan and Joselin Turner are taking Albertsons and Tremper Shopping Center to court after an unprovoked man wearing a grocery store vest slashed Dylan Turner’s arm in the parking lot and put him out of work
quote:

The man, Shane Roy Davis, on parole and believed to have been employed by Albertsons at the time, confronted the couple once, left, and then returned with a knife and tried to stab Dylan Turner in the neck
quote:

“Dylan blocked the knife attack with his right forearm,” the complaint said. “The knife attack sliced an artery in Dylan’s forearm, causing, in Dylan’s words, ‘a geyser of blood.’”
quote:

“Albertson’s [sic] negligently supervised or negligently failed to control Davis,” the court record said. “Albertson’s knew or should have known that Davis was on parole for burglary and had a documented history of mental disease(s) or disorder(s) associated with the burglary, yet Albertson’s failed to supervise or otherwise control Davis in a manner sufficient for Albertson’s to identify and timely respond to Davis engaging in harmful conduct toward members of the public.”
quote:

The couple is asking the court to find Albertsons guilty of actual malice and pay punitive damages. The couple also wants the court to find that Tremper, which leases space to Albertsons, should have exercised more reasonable care and must pay damages as a result.


LINK
Posted by idlewatcher
County Jail
Member since Jan 2012
78816 posts
Posted on 9/20/21 at 11:29 am to
quote:

Gotta love our litigious society.


What degree of security, if any, should be provided by Albertsons in your view?
Posted by teke184
Zachary, LA
Member since Jan 2007
94645 posts
Posted on 9/20/21 at 11:30 am to
If you wonder why ex cons have limited employment options, shite like this comes to mind.

So Ford the shooting at IHOP on Siegen of a guy on work release.
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143616 posts
Posted on 9/20/21 at 11:30 am to
quote:

Gotta love our litigious society.



their employee, a convicted felon, knifed a guy... yeah I think Albertson's shares in the liability.
This post was edited on 9/20/21 at 11:31 am
Posted by Scruffy
Kansas City
Member since Jul 2011
71968 posts
Posted on 9/20/21 at 11:31 am to
quote:

What degree of security, if any, should be provided by Albertsons in your view?
None.

Protect yourself.
Posted by DiamondDog
Louisiana
Member since Nov 2019
10500 posts
Posted on 9/20/21 at 11:31 am to
quote:

What degree of security, if any, should be provided by Albertsons in your view?


Not hiring felons.
Posted by Scruffy
Kansas City
Member since Jul 2011
71968 posts
Posted on 9/20/21 at 11:32 am to
quote:

their employee, a convicted felon, knifed a guy... yeah I think Albertson's shares in the liability.
Why?

Do you apply this to every situation?

Should the employer always be held liable for the actions of the employee?
Posted by C
Houston
Member since Dec 2007
27813 posts
Posted on 9/20/21 at 11:33 am to
Asking about past criminal convictions is racist (and sometimes illegal.)
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19180 posts
Posted on 9/20/21 at 11:35 am to
quote:

What degree of security, if any, should be provided by Albertsons in your view?


If the perp was indeed a felon, I can see Albertsons being liable. Now, the Tremper Shopping Center, no fricking way.

Why aren't they suing the perp?
This post was edited on 9/20/21 at 11:36 am
Posted by teke184
Zachary, LA
Member since Jan 2007
94645 posts
Posted on 9/20/21 at 11:35 am to
If you employ someone who has a history of something and they do it again, YES they should be fricking held accountable.

If you are an accounting firm and hire a convicted embezzler, you should be liable when he steals again.
Posted by DiamondDog
Louisiana
Member since Nov 2019
10500 posts
Posted on 9/20/21 at 11:35 am to
quote:

Asking about past criminal convictions is racist (and sometimes illegal.)


lol yeah o-k
Posted by Steadyhands
Slightly above I-10
Member since May 2016
6744 posts
Posted on 9/20/21 at 11:36 am to
quote:

quote:
their employee, a convicted felon, knifed a guy... yeah I think Albertson's shares in the liability.
Why?

Do you apply this to every situation?

Should the employer always be held liable for the actions of the employee?


I don't know the details of his prior felonies, other than burglary. Was that utilizing a weapon, were others involved, anyone harmed?

Seems like Albertsons better have a valid excuse to not have concerns over hiring this guy. If they didn't do their due diligence in the hiring process and background check, then yes they have a liability here.

Should we just assume all Albertsons employees are dangerous convicts and be prepared to draw a gun everytime one of them approaches us?
This post was edited on 9/20/21 at 11:41 am
Posted by NPComb
Member since Jan 2019
27229 posts
Posted on 9/20/21 at 11:36 am to
quote:

Shane Roy Davis





Posted by Elleshoe
Wade’s World
Member since Jun 2004
143616 posts
Posted on 9/20/21 at 11:37 am to
quote:

Should the employer always be held liable for the actions of the employee?


For their negligent acts, sure. For their intentional acts, maybe-- especially if it was foreseeable. Like hiring a felon already convicted of burglary
Posted by crispyUGA
Upstate SC
Member since Feb 2011
15918 posts
Posted on 9/20/21 at 11:39 am to
He was employed by Albertsons. I don't see a whole lot wrong. It's one thing if a random fricker ran in and stabbed someone. Much different if someone actively employed stabs a damn customer.

Suing the property owner is overboard, though.
Posted by Epaminondas
The Boot
Member since Jul 2020
4082 posts
Posted on 9/20/21 at 11:41 am to
quote:

Why aren't they suing the perp?
He doesn't have any money.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19180 posts
Posted on 9/20/21 at 11:41 am to
quote:

Like hiring a felon already convicted of burglary


So, no matter what the felony, they should be held liable? What if it was malfeasance in office? Felony DWI?

Did Albertsons know a convicted burglar would end up knifing a customer?

Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 9/20/21 at 11:42 am to
quote:

If you wonder why ex cons have limited employment options, shite like this comes to mind.

So Ford the shooting at IHOP on Siegen of a guy on work release.

Many of those workers at IHOP ect, even have ankle monitors attached to them. Granted, we’re talking about restaurant back of the house staff, however employing someone with a sizable criminal record is an immense liability for any business.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19180 posts
Posted on 9/20/21 at 11:42 am to
quote:

He doesn't have any money.


Bingo
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143616 posts
Posted on 9/20/21 at 11:44 am to
quote:

So, no matter what the felony, they should be held liable? What if it was malfeasance in office? Felony DWI?

Did Albertsons know a convicted burglar would end up knifing a customer?


Reading comprehension isn't your strong suit, is it? Notice I said "felon already convicted of burglary".

If Derek Ponamsky knifed me up at an LSU game then no.
This post was edited on 9/20/21 at 11:45 am
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