Around 6 a.m. on August 6, 2019, Essie McKenzie pulled into the Walmart Supercenter in Fridley, Minnesota, after having dropped off her mother at the airport. Inside her minivan were her two daughters, ages 6 and 9.
McKenzie claimed that both girls were tired from their early start, so rather than take them into the store with her, she permitted them to sleep in the van. Upon returning to the parking lot approximately one hour later, she found her van ablaze.
According to the Miami Herald, McKenzie moved toward the fire, but was held back by first responders. She is said to have looked on as firefighters worked ardently to free her daughters from the inferno.
The 6-year-old, Ty’rah White, suffered cardiac arrest. Although revived in the parking lot, she later died at HCMC hospital. Her older sister Taraji did, however, survive, though with severe burns, which reportedly resulted in permanent disfigurement.
McKenzie told WCCO-TV shortly after the incident: “My baby fought a good fight. She was so strong through the whole process.”
The fire reportedly first spread to McKenzie’s vehicle from a California couple’s Dodge Caravan, parked adjacent. The couple had used a portable stove to cook breakfast earlier that morning, which the husband stowed away among pillows and blankets while still hot.
Robert Hipolito, the 72-year-old driver of the Caravan and operator of the stove, was first charged with second-degree manslaughter, but was ultimately convicted on two felony counts of negligent fire. He served four months in prison.
McKenzie now seeks restitution from Walmart, suggesting that Hipolito wasn’t entirely culpable.
On June 6, McKenzie’s attorney filed a civil lawsuit demanding a minimum of $75,000 in relief. It accuses the retailer of negligence and wrongful death due to a lack of oversight.
The lawsuit also alleges that Walmart’s policy of permitting free overnight parking, including to camper vans, is to blame, since there is no corresponding safety monitoring to ensure the safety of other customers. “Walmart encouraged and permitted a dangerous condition on its property. … Unmonitored overnight guests pose a foreseeable heightened risk to other Walmart shoppers.”
While proponents of Walmart have voiced their “sympathies … with the friends and family impacted by this tragic event,” Randy Hargrove, Walmart’s senior director of national media relations, indicated that the company plans to defend itself and “will respond in Court to the Complaint as appropriate.”
First of all, Walmart is not to blame and, secondly, the attorney obviously smells a settlement of a much larger amount than the $75,000. Also, did she seek out the attorney or was he the one to contact her and promote the lawsuit?
Just another AHole ambulance chaser. Those lawyers should be jailed.
That is ridiculous! She leaves her kids in the van for an hour and wants to put blame on Walmart? Well I guess it is a world of not my fault. She is to blame for leaving them so long not Walmart. It is not liable for anything that happens in its parking lots.
Of course Walmart is to blame. The arsonist doesn’t have any money. Her insurance will not cover her negligence.
That was her own damn fault.
Sorry about the death of her daughter, but I think it is the Mothers fault for leaving them in the van.
This should have never happened.. The mother should be the guilty one and convicted.
This is the problem with irresponsible people is that they don’t accept responsibility for their actions and try to blame others.
What happened to getting arrested for leaving your kids in the car when you go to the store? I remember a case of a women being arrested for leaving her kid in the car to chase a bill that blew away when she opened the door.