Target Sues 4 Heroes Who Stopped a Knife Attack in Their Store

 

TurnerTwo years ago, a homeless man randomly stabbed Jobe Wright in the shoulder and ran off. Wright and three of his friends went looking for the attacker on the streets of Pittsburgh and learned he had fled into a nearby Target store. They went in after him in order to hold him until the police arrived.

That’s when things got even uglier. One of the victim’s friends, Michael Turner, described what happened when they found the attacker, 41-year-old Leon Walls.

“I entered Target, I run up the escalator, I make a right, that’s when I encountered Walls in the store,” said Turner. The two exchanged words as Turner held a baseball bat he had brought in for protection.

“He grabbed a little girl,” Turner continued, speaking of 16-year-old Allison Meadows. “He didn’t stab her at that point, he was talking, saying… he was trying to get out the store and Jobe told him, ‘You’re not going nowhere ’til the police come.’” At that point, Walls said, “Y’all think I’m playing. Y’all think I’m playing. I’m not playing.” and he stabbed Meadows two times.

The teenage girl has made a full recovery and Walls was recently tried and found guilty, but mentally ill.

Meadows’s family is suing Target for not keeping her safe. But now Target is suing Michael Turner and his friends for following Walls into the store, and thus provoking the stabbing.

The attorney for Allison Meadows thinks that Target is up to no good: “Suing Michael Turner is just Target’s way of trying to blame someone else for what happened under their own roof. The family certainly doesn’t blame Mr. Turner and they are thankful he was there that day.”

Like he did on that day two years ago, Turner is fighting back. He has stood outside the Target store holding a sign saying, “Target sues stabbing victim hero.”

Turner and his friends behaved exactly how I would hope to respond in a similar situation. A dangerous, violent man was on the loose and they sought to stop him from hurting anyone else. Target apparently believes carrying a bat was somehow provocative, but as the Second Amendment allows us to carry a firearm it most certainly is okay with a Louisville Slugger.

Does the multinational retail chain have a case against these men or is it just a smokescreen?

Published in Culture, Law
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  1. ctlaw Coolidge
    ctlaw
    @ctlaw

    Tommy De Seno:This is the area of law I practice (note: I don’t know PA law specifically, so I’ll be analyzing with NJ law, which I concede could be different):

    The level of security in the store the law requires will be tied to the crime rate in the neighborhood.

    If this Target is in a high crime area, there will be an expert to testify at trial that they should have more security on hand than say, a Target on Rodeo Drive with likely a small crime rate.

    Also, some of Target’s liability may turn on the facts here as to “notice.” For instance, when I’ve had assault cases against taverns, if I’m dealing with a straight up sucker punch – it’s hard to prove that the bouncers could have prevented it. No one knew the punch was coming. However when there is a lengthy argument, pushing and shoving, and the bouncers kick both parties out into the parking lot and one severely beats the other, then the tavern security had plenty of time to take control and protect both parties, drunk and angry as they may be. The issue is notice and time to react.

    Here I would want to know how much time and opportunity there was for Target’s security to recognize this problem, react, and take over from Turner and his baseball bat. Keep in mind they would have no idea who the good guy and the bad guy was at that point. Turner and his bat would appear to be as much of a threat as the man with the knife. Like it or not, they have an obligation to protect the guy with the knife from the guy with the bat, too.

    As to Turner’s liability, much is going to depend upon PA’s law regarding citizens arrest, Samaritan laws if they have them, the right to protect others from harm including Meadows, etc. But most importantly, it’s a negligence case.

    Would a reasonable man chase a bad guy into a store, grab a bat and try to apprehend? Or is that unreasonable – perhaps he should have left it to store security and police if he had the opportunity to do so. Did Turner create the situation as much as the guy with the knife? Even more so?

    These are the issues – I’m not suggesting the solution.

    As AZ Patriot noted, is there possibly a procedural apportionment of damages issue that required Target to take its action?

    • #31
  2. Tommy De Seno Member
    Tommy De Seno
    @TommyDeSeno

    ctlaw:

    Tommy De Seno:This is the area of law I practice (note: I don’t know PA law specifically, so I’ll be analyzing with NJ law, which I concede could be different):

    The level of security in the store the law requires will be tied to the crime rate in the neighborhood.

    If this Target is in a high crime area, there will be an expert to testify at trial that they should have more security on hand than say, a Target on Rodeo Drive with likely a small crime rate.

    Also, some of Target’s liability may turn on the facts here as to “notice.” For instance, when I’ve had assault cases against taverns, if I’m dealing with a straight up sucker punch – it’s hard to prove that the bouncers could have prevented it. No one knew the punch was coming. However when there is a lengthy argument, pushing and shoving, and the bouncers kick both parties out into the parking lot and one severely beats the other, then the tavern security had plenty of time to take control and protect both parties, drunk and angry as they may be. The issue is notice and time to react.

    Here I would want to know how much time and opportunity there was for Target’s security to recognize this problem, react, and take over from Turner and his baseball bat. Keep in mind they would have no idea who the good guy and the bad guy was at that point. Turner and his bat would appear to be as much of a threat as the man with the knife. Like it or not, they have an obligation to protect the guy with the knife from the guy with the bat, too.

    As to Turner’s liability, much is going to depend upon PA’s law regarding citizens arrest, Samaritan laws if they have them, the right to protect others from harm including Meadows, etc. But most importantly, it’s a negligence case.

    Would a reasonable man chase a bad guy into a store, grab a bat and try to apprehend? Or is that unreasonable – perhaps he should have left it to store security and police if he had the opportunity to do so. Did Turner create the situation as much as the guy with the knife? Even more so?

    These are the issues – I’m not suggesting the solution.

    As AZ Patriot noted, is there possibly a procedural apportionment of damages issue that required Target to take its action?

    Yes, you’ve hit on the exact issue that may be forcing Target’s hand.  I don’t know how PA law works, but in NJ, a jury can not apportion liability to someone who is not a party.   Target has to make Turner and his friends a defendant for the jury to even consider it.

    • #32
  3. Paul A. Rahe Member
    Paul A. Rahe
    @PaulARahe

    If there is publicity about this, Target will back off. The people of Pittsburgh owe a debt to Mr. Wright.

    • #33
  4. Tommy De Seno Member
    Tommy De Seno
    @TommyDeSeno

    Paul A. Rahe:If there is publicity about this, Target will back off. The people of Pittsburgh owe a debt to Mr. Wright.

    Consider another set of facts.

    Suppose a member of the Crips stabbed a member of the Bloods.   The Bloods chased him through the streets, right into your house.

    The Crip grabs your daughter and says, “Back off or I’ll stab the girl.”

    The Bloods say, “No way, we’re here to see you get justice when the cops come.”

    The Crip says, “I’m warning you I’ll stab her if you don’t leave.”

    You say, “Look Bloods, don’t endanger my daughter.  Just go so he leaves her be.”

    The Bloods say, “No we are keeping him cornered until the cops come.  To hell with your daughter.”

    The Crip stabs your daughter and tries to escape out the back door.

    Do the Bloods have any blood on their hands?  Are you OK with them making the calculation that holding the Crip for the cop was more important than your daughter?

    I surmise you’d rather they defuse the situation by leaving.

    • #34
  5. Tommy De Seno Member
    Tommy De Seno
    @TommyDeSeno

    On another note, John Gabriel, and this is important considering the point of your piece:

    This may not be Target’s decision.   They may be insured and the insurance company has complete control over the litigation by contract.  The insurance company decides who gets sued. The insurance company conducts the entire defense of the litigation.

    For Target to change this, they’d have to agree to forego using the very insurance coverage they paid for.

    That’s not very fair to Target.

    • #35
  6. The Reticulator Member
    The Reticulator
    @TheReticulator

    Tommy De Seno: For Target to change this, they’d have to agree to forego using the very insurance coverage they paid for. That’s not very fair to Target.

    Target should be liable for buying stupid insurance.  If they’re liable for everything else, they may as well be liable for this, too.

    And if they don’t like it, they can purchase stupid insurance insurance.

    • #36
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