Texas jury awards $4.3 million to subcontractor injured in Walmart shoplifting (2024)

A Smith County jury awarded $4.3 million to a Walmart subcontractor who suffered a broken ankle and a traumatic brain injury when a shoplifter ran into him while fleeing the scene.

Scott Lacy’s lawyer, Jack Walker, said he hopes the verdict prompts Walmart to enforce stricter training of its shoplifter apprehension protocols.

“Our hope is that this can set an example to show that you really need to make sure that your employees understand all of your safety policies,” Walker said. “There was a very good, industry-wide policy. Had it been followed, it would have prevented this incident.”

Walmart did not respond to an interview request from The Dallas Morning News.

According to Walker, Lacy was assembling patio furniture with his crew in 2020 in the lawn and garden center of Walmart in Tyler. Walmart employees yelled for help as the accused shoplifter, identified by Walker as Herbert Vanderkinter, ran through the section. Lacy and other employees chased the shoplifter out of the store and into the parking lot. They caught him and retrieved the stolen goods.

An employee then instructed Lacy to let the shoplifter go, which he did, according to Walker.

As Lacy was walking back to the store, Vanderkinter struck him with his car, pushing Lacy into a pole and breaking his left ankle, Walker said. He also sustained a traumatic brain injury, according to court records. Vanderkinter was sentenced earlier this year to 40 years in prison for aggravated assault with a deadly weapon.

Walmart’s policy outlines the rules employees must follow in the event of an investigation or detention of a shoplifter. Only authorized associates can help apprehend a shoplifter. They’re also not permitted to chase a shoplifter off Walmart’s property and can only follow a suspect for 10 feet, both inside and outside of a store.

Walker said the policy was not properly taught or enforced at the Walmart where Lacy was struck by the vehicle.

“The witnesses basically admitted and basically showed that they didn’t understand the policies. There were a number of violations by every Walmart employee that was involved in the incident,” he said.

Lacy’s injuries have potentially altered the rest of his life, including limiting his ability to work, Walker said.

“He’s going to have lifelong problems,” Walker said. “The head injury has caused him severe emotional issues.”