Wal-Mart Off the Hook on Tackled Worker's Death

[The Straight Story]

Wal-Mart Off the Hook on Tackled Worker's Death

(CN) - Wal-Mart is not responsible for the death of a store greeter who was knocked down in the chase of a suspected shoplifter, the North Carolina Court of Appeals ruled.

Rochelle Boswell Pender worked as a greeter at a Wal-Mart in Wilson, N.C., alongside "loss-prevention associate" Sean Respass, whose job included detecting and apprehending shoplifters.

Respass testified that the company expected him to reach a goal of eight apprehensions per month. He was also told not to chase possible shoplifters more than 10 feet and not to engage in physical confrontations with customers.

One day in May 2011, Respass suspected a customer named Joshua Lambert of shoplifting. Respass asked Lambert to go to the back of the store with him for investigation.

Lambert agreed but turned and bolted for the door. Respass gave chase, and both men collided with Pender, who suffered a fatal head injury. Wal-Mart fired Respass for violating the no-chase policy.

Pender's estate then sued Respass, Lambert and Wal-Mart for wrongful death. A Wilson County dismissed the claims against Respass and Wal-Mart, however, after finding that they have immunity under the North Carolina Workers' Compensation Act.

http://www.courthousenews.com/2013/02/15/54924.htm

[dsc]

1. I can't see how both WalMart and Repass are immune

that seems rather unfair.

[russspeakeasy]

2. They have full and enduring immunity.