March 15, 2000
http://www.bit-net.com/~dka/Resources/$18million.html
WALMART FINED $18,000,000 DOLLARS FOR "DISCOVERY" ABUSE
By David K. Argall 7-1-99
"The court believes and finds that there has been a pattern of false and
misleading answers to discovery requests by the defendant, Wal-Mart
Stores Inc. in this case and in others and that the activities in this
cause are representative of that pattern of misbehaviour by Wal-Mart
evidenced in other cases; that it is a pattern of false and misleading
answers, obfuscation, and obstructionism found in the other cases." This
was the conclusion of Judge James Mehaffy, 58th Judicial District Court
in Beaumont, Jefferson County, Texas, in a lawsuit against Wal-Mart for
negligence in an injury case.
The evidence Wal-Mart tried to hide was regarding a study conducted in
1300+ stores, in several different states, about safety issues and
crimes committed in Wal-Mart parking lots. Wal-Mart have on record a
"survey" as they call it of stores where crimes occured in parking lots
on a regular basis. The survey also shows that at a Tampa, Florida
store, with the introduction of a single security patrol on
their parking lot, crime there was virtually eliminated. It was found
that Wal-Mart was well aware of the dangers to customers and employees
and that a safer environment was within their capacity to implement but
that they instead chose to ignore the issue. It was further determined
that there was not some ordinary failure to disclose some minor piece of
information, but that Wal-Mart made a deliberate attempt to thwart the
court's information gathering objective. Wal-Mart were also found to be
witholding names of persons in their organization who have knowledge of
relevant facts about these studies. The law firm representing Wal-Mart
was fined $50,000 as well for making false and misleading statements to
the court.
A fine of $18 Million against Wal-Mart was arrived at after careful
consideration by Judge Mehaffy. This figure is 1 1/1000th of the
supposed stockholders' equity at the Wal-Mart Corporation. He said, "I
hope the stockholders do learn about this, and I hope that some pressure
is applied to Wal-Mart to make it behave as a responsible corporate
citizen."
For more information about sanctions against Wal-Mart for
discovery abuse in other cases click here:
LAW JOURNAL archive
There have been assaults, rapes, and kidnappings from Wal-Mart parking
lots across the nation. If you have information about anyone being
injured in a Wal-Mart parking lot, contact this law office. They are
here to help and share information with you. Your identity will be kept
in strict confidence. For E-mail type in the code "BCWM" in the subject
box.
David K. Argall