Saturday - January 28, 2012

man helps store security …. man being sued

This is nothing new. It happens all the time and all the time it remains of some maddening interest.  Happens in the USA as well so this isn’t unique to the UK.

The bad guy in this case is represented by the law firm of Hype, Con and Hustle.

I hate the term so much used by Brits. “Have a go hero.” I’m sure in many cases they are that okay but the phrase to my ear somehow diminishes what really is a brave act. Have a go. Oh go on. Just one cigar. Have a go. Take a puff. Kinda like that.

Shop hero who wrestled with ‘thief’s accomplice’ is sued for compensation

By ALISON SMITH SQUIRE

A have-a-go hero who intervened when a suspected shoplifting incident turned nasty has found himself on the receiving end of a compensation claim.

The drama began when a former heroin addict with two knives in his waistband was stopped by a security guard after setting off the alarms as he left a busy branch of Boots.

As he was being taken back into the store, he became aggressive. At the same time, a second man seemed to be rushing to join him.

It was then shopper Reginald Wharton went to the aid of the outnumbered security guard, trying to calm the second man – who was feared to be an accomplice – before wrestling him to the ground.

Police arrested the suspected shoplifter and accomplice, and the Boots manager thanked Mr Wharton for his bravery.

But more than a year after the incident Mr Wharton faces a legal nightmare after receiving a lawyer’s letter seeking compensation for an injured elbow from the man he wrestled to the floor.

Mr Wharton, 31, said: ‘If I hadn’t stepped in someone could have been stabbed. I can’t believe the justice system in our country allows anyone to sue like this. I face the devastating possibility of being sued for thousands of pounds.’

He was in Boots in Torquay, Devon, with his four-year-old twins in November 2010 when recovering heroin addict Justin Birt, 30, was detained for shoplifting.

It was when he began arguing with the security guard that the man assumed to be his accomplice, Phillip McCarthy, became involved.

‘The man [Birt] became aggressive, and at the same time a man I took to be his accomplice appeared from nowhere and roughly grabbed hold of the security guard by his left arm.

‘The store was packed with shoppers, mostly families with young children, and the apparent accomplice was swearing loudly at the security guard. Instinctively I stepped in front of the man and asked him to calm down.’

But he said the man began shouting more and eventually he had to grapple him to the floor. ‘I’ve worked as trained security guard myself and have learnt the proper way to put someone on the ground without hurting them,’ he said.

Birt, 30, later pleaded guilty to possession of two knives, a serrated bread knife and a meat knife. He was not charged with shoplifting.  Mr McCarthy was arrested for a public order offence and questioned. He was not charged.

Mr Wharton believed that was the end of the matter. But last week he received a letter from personal injury lawyers Almy & Thomas saying that under a no-win, no-fee agreement they had been instructed by Mr McCarthy to sue for damages and costs. The letter said he had injured his left elbow, which needed treatment at the police station.

PHOTOS AND MORE TO READ

Posted by peiper     on 01/28/2012 at 04:41 AM   
Filed Under: • Judges-Courts-Lawyers •  
• Comments (3) • Trackbacks(0)  Permalink •  

DISCLAIMER

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:

1. Keep a firm grasp of Right and Wrong
2. Stay involved with government on every level and don't let those bastards get away with a thing
3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
4. Keep talking to each other, whether here or elsewhere

It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.

Copyright © 2004-2015 Domain Owner