King of your Castle Of Your RV Parked At Walmart

August 3rd, 2010

So what happens when a family shoots and kills an intruder into their home–when their home is parked at Wal-Mart parking lot?

From the Salt Lake Tribune:

A Florida couple who shot and killed an intruder in their motor home while it was parked in the lot of the Cedar City Walmart are suing the retailer, claiming store officials knew the man was loitering in the lot.

When Carl Coltellino answered a knock at the door, he confronted Steven Stubbs, who allegedly had been observed that day “behaving badly” in the parking lot, urinating and even trying to break into a vehicle. He asked if the Coltellinos were heading south.

When Carl Coltellino told Stubbs, 26, to leave, Stubbs forced his way into the motor home. Coltellino grabbed a shotgun and a struggle ensued as the couple tried to force him out the door. During the struggle, Stubbs grabbed the gun as the men wrestled for control of the weapon. When the gun went off, Stubbs was killed.

No charges were ever filed in the case.

So what is the family doing? Suing Wal-Mart of course!

Now the couple is suing Walmart in U.S. District Court for Utah, alleging the retailer was negligent in not protecting the family, who claim they continue to suffer medical problems and emotional distress stemming from the incident. The suit asks for general damages and coverage of medical and court costs.

The suit claims Stubbs’ behavior had been reported more than once during the day and that Walmart officials failed to call police. Walmart, which benefits from travelers shopping at its stores, has a responsibility to protect people invited to park RVs for free in its parking lots, the Coltellinos argue in the suit.

H/T Overlawyered.