Carjacked and Shot at Gas Station- Premises Liability

Wiley Bailey v. Circle K Stores, Inc. & BP America, Inc. , Case No. CT-003001-08 (Shelby Co. Cir., Tennessee, 2008) 

In this case we represented a patron that stopped to get gas at a BP Station at approximately 2:30 a.m. in south Memphis.  As he finished filling his car, he was approached by a lone male out of the darkness surrounding the store and was carjacked at gunpoint.  Our client complied with the robber’s demands but was still inexplicably shot in the back as the perpetrator took his car keys.  He survived the injury but the bullet travelled through his back and shattered his pelvic bone, making him walk with a permanent limp.  Our private investigator was able to locate an eye witness to the attack and through her we were able to prove that as our client crawled to the front door of the store to get help for his gunshot wound, the store clerk turned off the lights and locked the door.  The clerk did not even to bother to call 911 or summons police.  Luckily, a local resident heard the gunshot and called for help.  These bad facts and several very aggressive depositions establishing that the store had a known history of criminal incidents and took absolutely no steps to provide any type of protection for its customers helped convince the defendants that they should settle this case.  Our client received a substantial amount but the defendants insisted that the amount remain confidential.