$65M Lawsuit Blames BJ’s Wholesale Club in Virginia Slaying

A Virgina woman who was shot and wounded by her estranged husband after he killed her sister has filed a $65 million lawsuit against the BJ’s Wholesale Club where the crimes happened.

Karen Phillips was an employee at the Chesapeake store in April 2006. In her lawsuit, she says BJ’s knew about the danger posed by her estranged husband, James Phillips, but failed to protect her. A hearing on the case is scheduled for next month in Norfolk Circuit Court.

According to the lawsuit, James Phillips had been removed from the store at least three times for threatening actions and had made threatening phone calls the day of the shootings. According to testimony at James Phillips’ trial, he waited outside the store and shot Linda Baggett as she came to pick her up her sister. Afterward, he went inside to shoot Karen Phillips.

James Phillips was convicted in both shootings last year.

An attorney for BJ’s, Erik Nyce, says that BJ’s did not have notice of a specific danger posed by James Phillips. Nyce also cited case law that says the owner of land has no duty to warn or protect people on the premises from the criminal acts of a third person.

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Information from: The Virginian-Pilot

Latest Comments

• December 23, 2008 at 5:33 am

  Slade McDuffie says:

  I am not surprize at this! The BJ's Wholesale Club in my town got into trouble for selling out of date goods like meat and milk. Plus a friend of my was fire from BJ's for sta... read more
• May 13, 2008 at 5:28 am

  Henry says:

  True, in the most general case a property owner is not liable for the actions of a criminal against a third party, but even case law specifies that the specifics of the incide... read more
• May 2, 2008 at 2:09 am

  Beezer Bear says:

  While following this case of blog edification, I use that term extremely loosely, I did some research into this criminal case, the evidence & ramifications - post wit and foun... read more