Wal-Mart Parking, lawsuit

[dee-richard@peoplepc.com]

If you appreciate being able to park at Wal-Mart, let them know! A lawsuit has been filed by a Florida couple who opened their RV door to an intruder while parking overnight at Wal-Mart. This suit claims Wal-Mart invites you to park in your RV and should be responsible for your SECURITY while parked there. We are all aware of the risks we must assume when boondooking, and this lawsuit will affect any retailer who allows us to park.

While the couple suffered an unfortunate situation, the retailer should not be held liable. Please join us in rallying behind Wal-Mart and other retailers who welcome RVers. Contact Wal-Mart corporate and let them know of your support! This is one parking option many of us don't want to lose.

[georgemargaret]

Walmart should not be held responsible.

[Guest Wayne77590]

I saw this in another forum and have been not responding. Personally I don't think there is any merit to the alleged law suit. And, they are very fortunate that it went the way it did. Struggling with a shot gun can have drastic results, as it did, but it could have easily been the wife or children there were shot. They are very fortunate that it turned out the way it did.

Now, what about the perpetrator's family. Shoud they sue the alleged victims for undue force? Should Wal-Mart counter sue for bringing a dangerous firearm onto their property? Should Wal-Mart sue for discharging a firearm on their property.

Do the law suits never end.

What are we seeing in the news? Everyone knows that the news is sensationalism in the utmost. Is everything stated in context? I'd sure like to see the police report. Some one pay a couple bucks for the police report in that town and post it for me.

p.s., did the alleged victims know about the previous parking lot incidents that allegedly the perpetrator performed? Even so, if you have an opened door, is that an invitation to come in? Say's who (either way)?

[johnfv2]

Anywhere you park is on your own. How can you sue Walmart because you can't take care of business? Why would you open your door if you can't see who it is. Just dumb. I guess what'll happen next is that Walmart will not let any more RV parking in their lot's. Thanks to some people who can't take care of themselves and all they can think of is SUE if they have a problem!

[tbutler]

Thanks DEERICH and jimpat for alerting us to this lawsuit. Having the links to the news articles was really helpful in understanding the full nature of this lawsuit. This is a serious assault on our Wal-Mart parking privileges. It is hard enough to find a place to park 65 feet of motor home and toad for the night without facing the complication of liability for security. If a property owner is going to be held responsible for our security then there will be no more parking allowed on private property. The harm done by a lawsuit like this one is far greater for the motor homing community than any gain the individuals bringing the lawsuit might possibly receive. Even if they receive no monetary payment, harm has been done to the RV'ing community. Every retailer will be looking at an RV parked on their parking lot as a potential law suit.

To the individuals bringing this law suit I would say, "Please drop this lawsuit immediately and publicly apologize to Wal-Mart. To do anything less will be extremely harmful to the rest of us who travel in RV's. Denying your responsibility in this confrontation and blaming others for what happened will not bring you any peace or dignity. Owning up to your own poor decisions is the first step in recovering from this unfortunate incident."

It is hard to imagine this lawsuit is really being brought by FMCA members. If that is the case, I think it would be useful if the officers of FMCA contacted these individuals and discussed this issue in depth with them. Perhaps FMCA should even file a petition or brief with the Utah court in support of Wal-Mart.

[smmlmm]

I appreciate the W-M corporate email site that was provided in the first post. I have email them (W-M) with words of appreciation for allowing RVer's to stay on their lot and letting them know my feelings that this is a frivolous suit and does not reflect the feeling of the vast majority of RVer's. I do feel for the family attacked--I sure this has been very traumatic to them--Thank God none of their family were seriously injured--BUT--the responsibility of each RVer is to be prudent and diligent to maintain security for their family and RV just as they would at the residence.

As a recreational motor home owner and FMCA member, I have used W-M many times for an overnight stay and have really appreciated their hospitality. I hope this suit is dismissed or dropped by the family involved and W-M is not forced by legal and liability issues to change their policy and begin prohibiting RV overnight stays.

We should share this story with our FMCA and RV friends and encourage them to contact W-M with support for their current overnight stay policies and that we do not share the feeling that W-M should be responsible for this particular incident. Thanks for your time to read this--I appreciate all the different posts offered--whether pro or con.

[Jackhal49]

These people are blaming Walmart for their own stupidity. One to open the door to someone they observed acting strangely. Two taking out a shotgun and letting the strange person get hold of it. If you are going to pull a gun on someone you had better be prepared to use it. None of this is Walmarts fault. This could have happened anyplace, at a rest area, a campground, etc. You can not blame someone or some business for your own lack of good judgment. People like this sue others to cover their own lack of handling a situation properly. My goodness! It can't possibly be their fault, could it? The minute they took out the gun they changed the whole situation. A gun should only be used as a last resort and when you do you had best be prepared to use it. Pulling out a gun is a last resort move. I am not against someone carry a firearm for protection, but one must know how and when to use it. I support Walmart all the way on this one. I do feel sorry for what the people went through, however, a lot of it was their own making. I hope they do not ruin Walmart's kindness of letting motorhomers and other travelers from using their parking lots for over night stops.

[Guest BillAdams]

The residents of this great Country of ours have lost sight of personal responsibility. Whatever happens, happens because someone else caused it! Have you ever seen the Saturday Night Live routines called "REALLY!". Well, that's the way I see this and so many of the other frivolous lawsuits that these pansies lawyers insist they file. Let's all stand up and simply require that the party that loses a lawsuit pay ALL of the associated costs. It's so easy. I am not suggesting that anyone not sue anyone. However, if someone sues someone else, the loser just needs to pay for everything!!! That's fair.

As to this case in particular, Wal-Mart clearly has no liability (or shouldn't anyway) and the idiot who opened the door to some transient doesn't have the backbone to admit to his own stupidity both in the way he opened the door or failed to properly handle a firearm. If you own/carry a firearm, when you pull it out, pull it out and be ready to kill the person you are about to point it at. THAT IS YOUR ONLY CHOICE! Maybe you will get lucky and they will run away, but if you point, be ready to shoot and kill. Now that you made this choice, don't try to blame someone else for the decision(s) that you made as that decision was entirely yours.

As a former police officer, it was beaten into our head that you never drew your firearm unless your life or the life of a bystander was in jeopardy. When that was the case, and you were forced to fire, you ALWAYS fired to kill. If it's not necessary to kill, it's not necessary to draw the weapon.

Sorry to ramble, but what part of opening your door to a complete stranger is Wal-Mart's fault? Had he been in a car and the same thing had happened in the same parking lot would he have sued because Wal-Mart allows people to park there while they are shopping? Oh my God! How could Wal-Mart allow all of those shoppers to park in their parking lot! What were they thinking!?!

[graham@green-barley.net]

We’re not camping at Wal-Mart when we stay overnight on their lot. We are parking which is a convenience for us when traveling long distances in our motor home. Campgrounds are generally far enough from the road they require some time and directions to find. We travel into the evening and don’t need campground facilities, just a place to park. We are alway on our way early the next day. We always get permission and patronize Wal-Mart. Frequently we are directed to the area of the parking lot where they would prefer us to park and we always comply.

If we lose our Wal-Mart parking, we will have lost a very convenient resource for overnight parking. The incident described in this article is regrettable but it is not the responsibility of Wal-Mart. This family member faced a number of choices and made decisions, some of them were very poor decisions. As hard as it may be to accept, his decisions resulted in their problem. It is his personal responsibility to deal with the consequences of his decisions.

This Law suit in my view is frivolous at best and should be dismissed by the court. Should it not be then all of us who use Wall-Mart parking facilities should get a counter lawsuit filed against the family member for his lack of common sense & poor judgement which resulted in jeopardizing all of our respective rights to use the Wall Mart parking facilities. If we win? Then the money we get as a group could be turned over to Wall-mart to cover their legal costs in this ridiculous law suit.

Rick and Monica

Canada

[Guest Wayne77590]

Anyone know of any update on this lawsuit for an incident that happened in 2006?

[shields]

Here are the details as far as I can tell from the court file and related public sources.

The RVers are Carl and Tracy Coltellino. The event occurred on 7/26/2006 at a Wal Mart store in Cedar City, Utah. The Coltellinos were parked for the night near the loading dock. Their two daughters, then aged 9 and 15, were with them.

A 26 year old man named Steven Stubbs knocked on the door and the Coltellino's apparently opened it. He then forced his way into the motorhome. Stubbs and Mr. Coltellino struggled and Mr. Coltellino brandished a shotgun. In the struggle over control of the shotgun, the gun discharged and Stubbs was killed. Mr. and Mrs. Coltellino apparently suffered some injuries in the struggle for which they received medical care.

The Coltellinos (Carl, Tracy and their daughter Kara) filed a lawsuit against Wal Mart Stores on 7/21/2010 in the U.S. District Court in Utah. The case is assigned to Judge Ted Iron. The Coltellino family is represented by attorney Alyson Carter of Salt Lake City. Wal Mart filed papers 9/16/2010 denying all charges. Wal Mart is represented by attorney Mitchel Rice of Salt Lake City. The case number is 2:2010cv00686.

Things are apparently congested in Judge Iron's courtroom. The case is set for a 5-day jury trial commencing 8/13/2012.

Tim Shields

[Guest Wayne77590]

Tim,

Thanks for the update. I searched on the case number and I got a couple hits, but you have to have membership to the court system to get any information. But now I know what to search on.

If anyone else comes up with some information on UPDATES to this case, give a holler.

[mhepburn]

I'm also aware of a gentleman that successfully sued a motorhome manufacturer for not indicating in the manual that when the coach was on cruise control he was required to stay in the driver’s seat and steer the vehicle. Stupid does not know any bounds.....I sincerely hope Wal-Mart does not become a victim to injustice.

Malcolm

[shields]

I have an account to access the records and docket in the federal courts and will check up on the status of the Coltellino suit from time to time.

The discussion above indicates the Coltellinos are FMCA members. Had anyone verified that?

Tim Shields

[Guest BillAdams]

I'm also aware of a gentleman that successfully sued a motorhome manufacturer for not indicating in the manual that when the coach was on cruise control he was required to stay in the driver’s seat and steer the vehicle. Stupid does not know any bounds.....I sincerely hope Wal-Mart does not become a victim to injustice.

Malcolm

That story is actually an urban myth with no basis in fact.

[chucknewman]

Bill,

That may an old one, but I thought it was intended to be a joke. Anyway, I got a great spontaneous laugh from it. Reminds me of a similar disclaimer from Silver Leaf electronics.

Everyone,

This lawsuit is typical in that the plaintiffs are looking at "deep pockets". Regardless of their own culpability. And with a family member high in the WM corporation, I can tell you Walmart's revenue from RV'er purchases is substantial and the corporation has no plans to alter that scenario.

Walmart has been sued many times over many issues, and still is the largest corporation in the world. It's bigger than ExxonMobil. And growing. What will happen is the corporation will offer a sealed settlement to the plaintiffs and they will go away. Maybe some new "liability" signs will be posted in WM parking lots, but short of local governmental actions, over-night parking policy will remain. Which by the way, short of local ordnance restrictions, is totally at the discretion of the individual store's manager.

[Guest BillAdams]

It is indeed a good laugh, but I don't think the poster meant it to be so. There are so many inaccurate posts made, there was no reason to leave that one out there for others to get sucked into and repeat here or elsewhere.

[Guest Wayne77590]

I agree with Bill. No sense bringing up something that is old and inaccurate. For all we know someone will cut and paste it and start it around again.

I have started to "bounce" emails that come to me that are chain letters, fabrications, or advertisements. It seems to be working.

I am interested in all things true, and the WalMart suit is on the radar.

Thanks.

[shields]

Chuck's comments above are, in my estimation, the right approach. Between 2 and 5 new lawsuits against Wal Mart are filed (in the Federal Courts alone) every business day. Wal Mart is no stranger to litigation -- it's just a cost of doing business for them.

For those of us who value Wal Mart's open invitation, what can we do? Just the same things we've all read before.

1. Don't abuse Wal Mart's invitation by overstaying your welcome, leaving a mess, damaging their pavement with leveling jacks, having a party, etc.

2. Stay on the outskirts and don't block traffic with your coach, carpets, chairs, toad, etc.

3. Buy things in the store! And, while you're there, visit the manager, thank him for the hospitality, and let him know you are BUYING whatever you need from Wal Mart.

4. If you see anyone doing things that might jeopardize Wal Mart's continuing hospitality to us, remind them of these points and that there are lots of full hookup campgrounds where they can relocate.

Keep well,

Tim Shields

[BobDianeSomers]

FMCA #F94856 Our group stays overnight at Wal Mart on many of our trips. We are very thankful to Wall mart for letting us and all other RVers who use their lots. Please do not change your policy!!!!!!

To those in the law suit, if you want security then stay home or check in to a hotel then see what kind of security you get.

[jcleduc]

Wow...

How could Wal-Mart be responsible for allowing you to park overnight on a public parking lot at no cost...

It's crazy, as everyone should know that there is some risk to park anywhere and expect that they should provide you with security guards.

If you are ready to take such a risk to save a few bucks, well go to a campground, or have a good security and alarm system installed on your rig and get your cell pre-programmed to 911..

Otherwise go to the nearest Holiday Inn.. and rent a room..

J C Leduc

[jimpat4649]

I have an account to access the records and docket in the federal courts and will check up on the status of the Coltellino suit from time to time.

The discussion above indicates the Coltellinos are FMCA members. Had anyone verified that?

Tim Shields

A search of FMCA Member Directory:

F204334 COLTELLINO

CARL & TRACY COLTELLINO

CAPE CORAL, FL

Coach: NEWMAR INDUSTRIES

[jimpat4649]

Thanks DEERICH and jimpat for alerting us to this lawsuit. Having the links to the news articles was really helpful in understanding the full nature of this lawsuit. This is a serious assault on our Wal-Mart parking privileges. It is hard enough to find a place to park 65 feet of motor home and toad for the night without facing the complication of liability for security. If a property owner is going to be held responsible for our security then there will be no more parking allowed on private property. The harm done by a lawsuit like this one is far greater for the motor homing community than any gain the individuals bringing the lawsuit might possibly receive. Even if they receive no monetary payment, harm has been done to the RV'ing community. Every retailer will be looking at an RV parked on their parking lot as a potential law suit.

To the individuals bringing this law suit I would say, "Please drop this lawsuit immediately and publicly apologize to Wal-Mart. To do anything less will be extremely harmful to the rest of us who travel in RV's. Denying your responsibility in this confrontation and blaming others for what happened will not bring you any peace or dignity. Owning up to your own poor decisions is the first step in recovering from this unfortunate incident."

It is hard to imagine this lawsuit is really being brought by FMCA members. If that is the case, I think it would be useful if the officers of FMCA contacted these individuals and discussed this issue in depth with them. Perhaps FMCA should even file a petition or brief with the Utah court in support of Wal-Mart.

====================

So, what happened to my post with the links to the articles in the newspapers etc?

I know I posted, and you mentioned it- but now it's gone?!?!

[waynepeek]

Lawyers should be held responsible for frivolous law suits.

[Guest BillAdams]

If we as a Country could just pass a law that says the loser of a lawsuit has to pay all of the costs involved we would see a legal system that was free to deal with the "real" problems that need to be addressed.

As long as a lawyer can make money by losing a law suit there will be nothing to stop these frivolous lawsuits. We have become a Nation of folks who refuse to take any personal responsibility for our own actions. If we don't like what happens to us there is a lawyer standing by to sue the person of your choice.

Have you seen the commercials on TV? "Have you recently had a trip and fall injury? Would you like to?"