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PENNSYLVANIA RECORD

Monday, September 30, 2024

Lawsuit: Authorities misidentified plaintiff as shoplifter, detained her alongside 8-year-old great-granddaughter

Lawsuits
Webp barbaraernsberger

Ernsberger | Behrend & Ernsberger

PITTSBURGH – An 81-year-old woman claims that she and her great-granddaughter were assaulted, threatened with criminal arrest and wrongfully detained while shopping at Walmart just over one year ago.

Willie Mae Stinson and K.S.S., a minor (by Willie Mae Stinson, parent and legal guardian) filed suit in the Allegheny County Court of Common Pleas on Sept. 6 versus Walmart, Inc. of Bentonville, Ark.

“Ms. Stinson (age 81) and her adopted daughter and biological great granddaughter, K.S.S., (age 8) were assaulted and threatened with criminal arrest and wrongfully detainment at the Walmart Supercenter located at 100 Walmart Drive, North Versailles, PA 15137 on Saturday, Aug. 6, 2022 at approximately 2 p.m., when they entered the store as customers. As Ms. Stinson and K.S.S. entered the store, they walked to the customer service desk to return an item. Ms. Stinson had a receipt. They waited in line and when it was their turn, a heavyset Walmart employee approached Willie Mae, called her ‘Linda King’, and told her that she was a criminal, a thief, she was not welcome here, and get out,” the suit says.

“At first she ignored him because her name is not Linda King. In the area of the service desk, she was again confronted by name, the wrong name, and told she must get out. Ms. Stinson told the Walmart employee that she is not Linda King. He kept yelling. A crowd gathered. The Walmart yelled at the customer service representative saying, ‘Do not wait on her, she is a thief, she is trespassing. She is not allowed in any of our stores.’ The police were called, and the police asked to see her ID.”

The suit adds that Ms. Stinson pulled out her wallet to show her driver’s license and the police were satisfied that there was a mistaken identity, but the Walmart employee continued yelling and the surrounding crowd began to close in.

“Ms. Stinson did not feel well, she had to sit down and collapsed into a chair. The Walmart employee insisted that Ms. Stinson was really Linda King and K.S.S., the eight-year-old, was taken away for questioning. The child was asked her mother’s name. A paramedic unit was called. Ms. Stinson had syncope and was taken to [UPMC] McKeesport Hospital by the paramedic. Ms. Stinson’s torponin-HS levels rose to 59, and a prolonged q-wave, suggestive of a heart attack. She was hospitalized for two days for observation and testing. She was released on the evening of Monday, Aug. 8, 2022,” the suit states.

“K.S.S. was also traumatized by the incident, as she had observed her great-grandmother, who is [also] her adoptive mother, collapse and was then taken away for questioning. K.S.S. received medical care on Aug. 10, 2022 at her primary care physician’s office, located at UPMC Children’s Community Pediatrics. She could not sleep and had nightmares. It was recommended that she seek follow-up treatment. K.S.S. received medical care on Sept. 27, 2022. Willie Mae Stinson was a frequent shopper at Walmart and known to the store manager Lola. There was no legitimate reason for anyone to call Willie Mae Stinson by the name Linda King. There was no legitimate reason for anyone to accuse Willie Mae Stinson of theft. The conduct was outrageous.”

For counts of negligence and infliction of emotional distress, the plaintiffs are seeking, individually, jointly and severally, compensatory damages in excess of the jurisdictional limits of arbitration, punitive damages, interest, costs of suit and such other and further relief as this Court deems just.

The plaintiffs are represented by Barbara Ernsberger of Behrend & Ernsberger, in Pittsburgh.

The defendant has not yet obtained legal counsel.

Allegheny County Court of Common Pleas case GD-23-010372

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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