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 Randi McGinn Allegra Carpenter A. Elicia Montoya Kathleen J. LoveKatie Curry |
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Rummel v. Lexington Ins. Co., et al., 123 N.M. 752 (1997). As a clerk for Circle K convenience store, Ken Rummel was required to work alone on the graveyard shift and confront and attempt to apprehend shoplifters. Three shoplifters beat him and kicked him in the face until he suffered extensive brain damage. After the jury gave Mr. Rummel a substantial verdict against Circle K, including punitive damages, this New Mexico Supreme Court case allowed us to pursue Circle K’s insurance carriers for bad faith in failing to protect the company by paying a reasonable settlement offer before trial. Past successes cannot be an assurance of future success because each case must be decided on its own merits. |
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State Convenience Store Regulations As a result of working with many employees and families who have been victims of violent crime including sexual assault at late night retail establishments, the firm has been a pioneer in promoting and lobbying for legislative and regulatory change to make these stores safe. Randi McGinn began championing this cause over 20 years ago, beginning with the Rummel case. In many our premises liability cases, we have been successful in making security improvements (such as interactive video) a term of the release. In 2004, following a State of New Mexico administrative proceeding in which the firm’s attorneys and clients testified about the danger posed to employees and customers from lax convenience store security, the New Mexico Department of the Environment passed regulations that will require convenience stores to have two clerks on staff during the late night shift, to provide real security training to employees, to improve lighting, to provide meaningful security surveillance, to provide panic alarm buttons to all employees, and to provide other safety measures that have been proven in other states to dramatically reduce the incidence of violent crime in convenience stores. We look forward to the day when late night retail establishments like convenience stores simply do not pose a risk of injury, sexual assault, or death to New Mexico citizens. Past successes cannot be an assurance of future success because each case must be decided on its own merits. |
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Garcia v. Allsup’s Convenience Stores, Inc. After experiencing over a dozen slain clerks, at least as
many raped clerks, and over 1200 violent attacks on clerks, the Allsup’s
Corporation in 2002 was still refusing pleas from employees, law enforcement,
and other government officals to institute at least minimal measures such
as video cameras and double staffing to protect its workers from criminal
attacks; attacks that its stores experienced in volumes far surprassing
that of other convenience store operators. Not knowing that Hobbs Allsup’s
stores were some of the chain’s most dangerous in the state,, Liz Garcia
(a student enrolled at the New Mexico Junior College to become a teacher
and mother of three beloved children), accepted a job working working
for Allsup’s. Allsup’s immediately scheduled Liz to work alone on the
graveyard shift of its most remote Hobbs’ store. On her second graveyard
shift, at 3:00 a.m. the store was targeted, the cash register emptied,
and Liz was abducted, raped, and murdered by the Allsup’s robber. In the
aftermath of discovering the news of Liz’s death, coping with the grief,
and making arrangements for the children to be raised by their grandmother,
having heard nothing from Allsup’s – not even a condolence card - the
Garcia family inquired as to whether Allsup’s would at least pay for Liz’s
funeral. Allsup’s informed the family that since the death occurred “off
our property” Allsup’s had no responsibility under the Workers’ Compensation
system to cover even this expense. Past successes cannot be an assurance of future success because each case must be decided on its own merits. |
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