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News (Media Awareness Project) - US OK: Store Owners Face Negligence Suit
Title:US OK: Store Owners Face Negligence Suit
Published On:2002-08-24
Source:Enid News & Eagle (OK)
Fetched On:2008-01-22 13:50:35
STORE OWNERS FACE NEGLIGENCE SUIT

Shooting Victim's Father Files Wrongful Death Claim

An Enid man filed a wrongful death lawsuit Friday against the owners of a
convenience store where his son was shot to death last summer.

Ron Anderson's lawsuit alleges the owners of Mac's Mart allowed the store
at 221 E. Garriott to become a hangout for drug users, dealers and
manufacturers, then failed to provide adequate security for their customers.

Jonathan Anderson, 21, was killed Aug. 1, 2001, in the convenience store
parking lot as he tried to shield his fiancee from a gang-related shoot-out.

His father's lawsuit contends the shooting never would have happened if the
store's owners had increased security to limit the drug activity there.

Instead, the owners sold drug paraphernalia to encourage drug users to
patronize the store, according to the lawsuit. They even provided a pay
telephone inside the store to facilitate drug sales, according to the
petition filed Friday by attorney Bryan Slabotsky.

The lawsuit also includes allegations owner Claude Allen McFalls and
manager Joon Tag Cho sold drug precursors knowing they would be used to
manufacture methamphetamine.

McFalls, 68, and Cho, 34, were arrested Thursday for allegedly selling
pseudoephedrine pills to undercover narcotics officers over the past two
years. A store employee was arrested, as well, as authorities swept up
seven people at a number of local businesses for illegally selling drug
precursors.

Anderson's lawsuit was filed on the same day McFalls and Cho each were
charged with two felony counts of unlawful sale of drug precursors. The
lawsuit also names the Ta Family Trust, which is the owner of record for
the convenience store.

The lawsuit seeks more than $10,000 in actual and punitive damages in the
wake of Jonathan Anderson's death and his family's loss. It blames the
store owners for causing his death because they encouraged drug users to
patronize Mac's Mart.

"Defendants knew or should have known that marketing and selling drug
paraphernalia to users of illegal drugs would cause ... injuries to their
customers and patrons," the lawsuit states.

Attorney Page Belcher Jr., who represents McFalls and Cho, said he had not
seen the lawsuit, which likely will be handled by their insurance carrier.
Another attorney will represent them on the criminal charges as well, he said.
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