Indiana News

Kroger Sued By Mother Of Robber Shot By Store Manager

Lawsuit claims Kroger was negligent for failing to enforce rule barring employee from carrying a gun

7/19/2012


Elijah Elliot (left), the former Kroger store manager who killed a would-be robber (WIBC.com photo: Ray Steele)

The mother of a man who was shot dead by a manager during an attempted robbery of an Indianapolis Kroger has filed a federal lawsuit against the grocery store.

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The lawsuit filed last Friday by Toni Atkinson accuses the Kroger in the 5000 block of West 71st Street of the wrongful death of her son, Jeremi Atkinson, 26. He was shot by store manager Elijah Elliot, 24, while trying to rob the store the day after Christmas last year and later died at Wishard Hospital.

The lawsuit claims Kroger was negligent for failing to enforce its store policy that prohibits employees from carrying weapons while at work. The suit does not mention the attempted robbery of the store.

The Marion County Prosecutor's Office ruled in January that Elliot was justified in shooting Atkinson and would not face criminal charges. Elliot was placed on administrative leave from Kroger after the shooting and decided not to accept an offer to return to the store after he was cleared of criminal wrongdoing.

Jon Abernathy, the lawyer who filed the lawsuit for Toni Atkinson, had no further comment. Kroger spokesman John Elliot says the company has not seen the lawsuit and will not comment. Elijah Elliot's attorney, David Seiter, says his client also has no comment on the case.

Follow me on Twitter @WIBC_RaySteele

MORE FROM WIBC NEWS:
» Kroger Manager Turns Down Offer to Return to Work (2-1-12)
» Kroger Employee Will Not Face Charges (1-4-12)
» Kroger Policy Could Lead to Employee's Firing (12-28-11)
» Was Kroger Employee Justified in Shooting Robbery Suspect? (12-27-11)
» Suspected Robber Shot and Killed Inside Kroger Store (12-27-11)

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