INDIANAPOLIS – A woman who was held hostage by a man who tried to rob a Kroger store in Indianapolis is suing the grocery chain and the stores former manager, claiming she was traumatized when a manager fatally shot the would-be robber.
Christine Nelsons lawsuit filed Feb. 1 in Marion Superior Court seeks unspecified damages and contends she suffered extreme mental anguish and emotional distress by being held hostage in the midst of gunfire and seeing 26-year-old Jeremy Atkinson fatally shot.
Atkinson grabbed Nelson, who worked for a company that provided unarmed security guards for the Kroger store, as she stepped out of the store office, the Indianapolis Star reported. Atkinson had already taken one security guard hostage.
Hearing the womens cries for help, store manager Elijah Elliott rushed to see what was happening. When Atkinson lunged toward him, Elliot squeezed off three shots from his handgun, killing the would-be robber.
Nelsons suit contends she was endangered and traumatized by the shooting December 2011 at the store on the citys northwest side.
Elliott resigned after the shooting, acknowledging that he violated Krogers policy barring employees from having weapons on company property.
An investigation by the Marion County prosecutors office concluded that Elliott had used reasonable force, and he was not charged. Elliott had a valid Indiana gun permit.
Investigators determined after the shooting that Atkinson was unarmed, but the first employee he assaulted thought he had pressed an object against her back, authorities said.
It is the second lawsuit stemming from robbery. Atkinsons mother filed a federal wrongful-death lawsuit for $75,000 last July, claiming Kroger neglected to enforce a policy that prohibits employees from carrying firearms while on duty and owed Atkinson a duty to exercise reasonable care for his safety while he was in the store.