ILNews

Mother of man shot to death at Kroger files suit

Back to TopCommentsE-mailPrintBookmark and Share

The mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted robbery is suing the supermarket chain for wrongful death.

Toni Atkinson filed her lawsuit July 13 in federal court in Indianapolis on behalf of her son, Jeremi Atkinson, 26, who was shot at the Kroger store at 5025 W. 71st St. on Dec. 26.

The Marion County Prosecutor’s Office in early January ruled the shooting by Kroger manager Elijah “Levi” Elliott to be justified under Indiana law to prevent a forcible felony. Elliott, 24, resigned from Kroger about a month later.

The wrongful death suit charges that the Cincinnati-based Kroger Co. was negligent for failing to supervise its employees and enforce its safety policies, which prohibit employees from carrying firearms while on duty.

“As a direct and proximate result of Kroger’s negligence,” the suit says, “Atkinson is deceased and the plaintiff has suffered harm.”

The complaint acknowledges that an “altercation” occurred between Atkinson and a Kroger employees but makes no mention of the attempted robbery.

Police, who talked to witnesses and reviewed surveillance video, said Atkinson was shot after he forced an unarmed female security guard into the store’s office by putting an object in her back and placing her in a headlock. When Elliott responded to cries for help, Atkinson released the woman and charged at Elliott, who shot Atkinson.

Atkinson was wearing a mask and and a hoodie during the incident, but police did not say if was carrying a firearm. He was taken to Wishard Hospital in critical condition and died several hours later.

Kroger spokesman John Elliott said this week that the company was unaware of the lawsuit.

“Thus, our legal department has not had an opportunity to review the filing,” he said in an e-mailed statement. “Until we complete that internal review and possibly consult with additional legal counsel, which could be a lengthy process, we are not able to comment publicly on the suit.”

Atkinson was convicted in 2009 of armed robbery for holding up a Subway restaurant on North Keystone Avenue. He was sentenced to four years in prison and was let go on work release before a warrant was issued for his arrest in February 2011 for violating terms of his release, prosecutors said.

His mother is represented by Jon C. Abernathy of the Indianapolis law firm Goodin Abernathy LLP. Abernathy said he had no comment on the lawsuit.

Drew Miroff, a partner at Ice Miller LLP whose practice includes premises liability and risk management issues, said the case will be difficult to win.

“A violation of a company policy is not necessarily negligence,” he said. “They’re going to have to prove that there was a failure to supervise their employees by not enforcing the policy.”

 

ADVERTISEMENT

  • Policy
    Kroger isn't wrong for failiing to enforce their policy, they are wrong for having that policy in the first place. The violation of that policy prevented a serious, violent felony from taking place. It is tragic that the young man lost his life, but it was as a result of his own actions it attempting an armed robbery. He is the only one responsible for the events which transpired.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT