LANCASTER – A pair of shoppers at the Park City Mall who survived a shooting incident last October, but who were also trampled in the panic which ensued when the gun discharged inside the mall, have brought suit against the mall and its security company.
Lucy A. Mendenhall of Lancaster County and Wendy A. Mendenhall of Connecticut filed suit in the Lancaster County Court of Common Pleas on April 4 versus Brookfield Properties (a.k.a. “Brookford Properties Retail, Inc.”, “Brookfield Development” and “Brookfield Property Partners”) of New York, N.Y. and Allied Universal Security Services (a.k.a. “C&D Enterprises”), of Conshohocken.
“On Oct. 17, 2021, Lucy and Wendy Mendenhall went to the Park City Mall at 319 Park City Center, Lancaster, PA 17601 to shop and spend time together. On that date, however, they would become victims of a senseless act of violence, when an altercation occurred between multiple individuals at the mall. One of those individuals was Jeremiah Josiah-Alberto Sanchez. At the time, Sanchez was armed with a firearm, which he had carried into Park City Mall, in violation of mall policy. During the altercation, Sanchez’s gun discharged,” the suit says.
“The altercation began in the hallway leading from the middle common space to J.C. Penney and continued toward H&M. The firearm was first discharged at or near the common hallway outside Tabarek International Food. Sanchez’s discharge of the firearm caused panic in the Park City Mall. Sanchez’s rounds struck several individuals, including an innocent bystander. More than 50 innocent bystanders were in the vicinity of the altercation and thus, the line of fire. A mass exodus from the Mall resulted from the discharge of Sanchez’s firearm. The resulting exodus and stampede caused Lucy and Wendy to be knocked down and trampled, sustaining severe injuries as they tried to escape the scene.”
The suit adds that despite a history of gun violence at other Brookfield mall locations throughout the United States, which should have put the defendants on actual notice of the risk of gun violence and the need to combat it, the defendants allegedly did not implement and/or enforce a policy capable of doing that.
“In addition to the above-described history of gun violence at Brookfield locations around the U.S., Park City Mall specifically has a history of crime and violence. In the five years up to and including the subject incident, the police were called regarding an incident or complaint at the location of the Park City Mall more than 2,000 times. In the five years up to and including the subject incident, these 2,000 calls included more than ten fights and/or assaults,” the suit states.
“This history of crime at the mall was known to defendants. The history of crime at the mall put the defendants on actual notice of the risk of violence and the need to combat it. Despite such an awareness, defendants did not reasonably and adequately combat the risk of violence, and specifically gun violence, at defendants’ locations including the mall.”
For multiple counts of negligence, carelessness and/or gross negligence, the plaintiffs are seeking damages, jointly and severally, in excess of the mandatory arbitration limits, in addition to any other relief this Honorable Court deems appropriate.
The plaintiffs are represented by Nathaniel L. Foote of Andreozzi & Foote, in Harrisburg.
The defendants have not yet secured legal counsel.
Lancaster County Court of Common Pleas case CI-22-01874
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com