The decision to file a civil suit for the fatal shooting of a Rockford Walmart employee in Cook County instead of Winnebago County is likely due to a number of factors, legal experts said.
For starters, this is allowed under the state’s Places of Meeting Act.
Since the defendants – Walmart and its security firm Brosnan Risk Consulting – both do business throughout Illinois, including Chicago, the plaintiff – the family of an 18-year-old Rockford Walmart employee who was stabbed to death while at work – can choose where they want to file charges.
Chicago-based attorney Jack Casciato, who represents Nila Jenkins, the mother of Rockford fatality victim Jason Jenkins, filed a civil suit April 11 against Walmart, the nation’s largest retailer, as well as Brosnan Risk Consultants and the accused attacker, Timothy. Carter.
“The lawsuit will be filed in Cook County Circuit Court given the substantial presence of Walmart and Brosnan security here, and the public interest factor they exercise in our state’s largest county.” , said Chicago-based attorney Jack Casciato. “Walmart and Brosnan maintain regular and continuing business here in Cook County, which gives the plaintiff deference and the right to file suit in the county of their choice under the venue law of Illinois.”
More: Lawyer: List of defendants in deadly Rockford Walmart stabbing trial expected to grow
Then there is the belief that colonies are more numerous in Cook County. The possibility of getting a more favorable jury, coupled with more publicity for the case, could also have played a role in the decision.
“If Walmart has received a lot of bad publicity in Cook County, then that’s probably the answer to your question,” said Dan McConkie, an associate professor of law at Northern Illinois University. “Walmart might give more money if it thinks it’s more likely to lose in Cook County. So the value of the settlement increases. … I mean, most of these cases never go to trial.”
Rockford personal injury attorney Frank Perrecone of Ferolie & Perrecone Ltd. said there is a general belief that verdicts tend to be larger in Cook County than in other counties in the ‘State.
“It’s changing,” Perrecone said. “It doesn’t necessarily apply to every case. It’s really on a case-by-case basis.”
Jenkins was stabbed in the back March 24 at the Walmart store on Northridge Drive in Rockford. He died later that evening at a Rockford hospital.
Carter, 28, of Cabery, Illinois, was arrested at the scene. He is being held in the Winnebago County Jail on homicide and hate crime charges. His next court date is June 14 in Winnebago County.
Chris Green is a general assignment reporter for the Rockford Register Star. He can be reached at 815-987-1241, by email [email protected] and @chrisfgreen.
This article was originally published on Rockford Register Star: Rockford Walmart filed lawsuit over stabbing death in Chicago. here’s why
