A Minnesota woman is suing Walmart over a parking lot fire in 2019 that led to the death of her 6-year-old daughter.
Essie McKenzie reportedly blames Walmart’s allowance of people to camp in its parking lots inside RVs and minivans for the fire that caused her daughter’s death, according to the suit. She is seeking damages in excess of $75,000.
By allowing this camping without proper supervision, permits, or sanitation, McKenzie said the company has fostered dangerous conditions on the store’s grounds. She further alleges wrongful death in her suit.
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In August 2019, a California couple reportedly camped overnight in the lot, and at one point used a hotplate that would eventually catch fire. The fire set McKenzie’s van ablaze, with her two sleeping children inside.
At 7:15 a.m. the morning of Aug. 6, first responders arrived after a fire was reported. One of the affected vehicles was McKenzie’s.
According to her, the children were tired because they had woken up early so that she could take relatives to the airport. Thus, they slept in her car as she shopped inside the store.
Her 6-year-old, Ty-rah, ultimately died from her injuries. Nine-year-old Taraji, who survived the fire, suffered physical and emotional scarring and severe injuries, including burns and lung damage, according to the suit.
“[Taraji] watched her six-year-old sister [Ty-rah] lose everything in the palm of her hand,” McKenzie said during the sentencing.
Roberto Lino Hipolito’s hot plate was determined to be the fire’s origin. He was camping overnight with his wife.
According to the report, he was initially charged with second-degree manslaughter. However, he ultimately pleaded guilty to two felony counts of negligent fire. He then received a sentence of 120 days in jail and three years of probation.
“I wished that this never happened, and I wish I could do something to fix it, but I can do nothing,” he said in court.
“Our sympathies remain with the friends and family impacted by this tragic event three years ago. We plan to defend the company and will respond in Court to the Complaint as appropriate,” Walmart reportedly said in a statement.
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A separate settlement of $130,000 was approved in 2020 in a civil case on behalf of Taraji against Hipolito, according to the report.
