Walmart is found not liable after detaining a customer who refused to show receipts at the door
"We believe our associates acted appropriately, and we will continue to defend the company in this litigation," a Walmart spokesperson said in response to Insider's request for comment on the decision and their policy on checking receipts. In the Colorado case,"Montgomery sought to create circumstances which would result in Walmart employees reasonably believing he was committing a crime in their presence," wrote Judge Matthew D. Grove.
The judges of both courts said he visited the stores intending to sue as part of a"sting." Montgomery also called the trips a"sting" in statements to store employees and responding officers, according to Grove's opinion. Montgomery would buy items from the store, decline a bag"for environmental reasons," and then attempt to walk out of the store without a visible receipt, Grove wrote. If he was stopped and asked for a receipt, he refused to provide it until after he was detained or, in some cases, arrested, according to Grove's opinion.
"In each case, 'Montgomery entered a Walmart store with the intent to and then actually acted in a manner intended to provoke Walmart employees into believing he was concealing property of the store,'" Grove writes, quoting from the previous decision. , a provision in Colorado law that protects stores and employees from liability if they have reasonable grounds to detain and question people they suspect of shoplifting.
In his opinion, Grove quoted from the previous decision noting that"Montgomery was not confined because he 'knew that he could escape without causing an unreasonable risk of harm to him[self] . . . by merely presenting his receipt to Walmart employees."' Subscribe to push notifications
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