Walmart v. Cicero, final report

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Because Cicero's response was disproportionate, that's why.



Frail greeter's floor dive was disproportionate to the little shove, considering how he was tackled by someone who, no disrespect intended, wasn't exactly built like Rambo (The 1982 version, not the 2008 one!).
 
That's what I said a while back. No way Cicero could have generated that much force from the way he was standing, and at that distance. Unless the greeter weighed 65 lbs.
 
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Apparently not in this case.
So, are you saying that if someone punches you, and you punch, kick, and elbow him, he's excused from first punching you?




No, but you yourself will probably wind up being liable for assault, too.
 
Fine, as long as both parties are held accountable.
More reasonable is for both parties to remember who flourishes whenever there's legal action, and just accept that it was a scuffle and get over it.
 
All I can say is, almost everything has become a liability. Some girlie man is always more than willing to sue. Hear that noise? It's John Wayne spinning in his grave. Right now I'm having a vivid vision of Tuco suing Blondie for missing the rope that one time, and Sentenza suing Blondie for unfair body armor.
 
This is all under the premise that the greeter actually touched our member. I say there is little evidence to suggest that he did. We do see the greeter flying down the aisle and I doubt that he had the presence of mind to embellish it. Cicero has taken down the video at Youtube, so we can't debate the video further. We can only speculate as to why he pulled the clip. This is a shame as this is a video he can show his grand kids one day. "Looky here kids, see me shoving this 70 year-old Wal-Mart greeter to the floor? That was the day Grandpa stuck it to the MAN!!!"
 
Its good that this case was dismissed, but who is responsible for paying his medical bills for his injuries ??
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This is all under the premise that the greeter actually touched our member. I say there is little evidence to suggest that he did. We do see the greeter flying down the aisle and I doubt that he had the presence of mind to embellish it. Cicero has taken down the video at Youtube, so we can't debate the video further. We can only speculate as to why he pulled the clip. This is a shame as this is a video he can show his grand kids one day. "Looky here kids, see me shoving this 70 year-old Wal-Mart greeter to the floor? That was the day Grandpa stuck it to the MAN!!!"




You're correct, Ron. We are giving Cicero the benefit of the doubt. The video is very unclear and the greeter does appear to move his arm towards Cicero.
I'm telling you, I know the guy was acting.
No way that someone Cicero's size, from that distance, and that stance can make someone (unwillingly) fly across the floor that far.
Now Ron, as much as you and I have butted heads, if it were you instead of Cicero, and you said the greeter pushed you, I would believe you. And likewise, in the absence of clear evidence otherwise, I believe Don.
 
I really just want this over with, but I will answer some questions. First of all, I made no concessions, the judge agreed with my motion to dismiss and he dismissed it, with prejudice.

Yes, I took the video down. I have frame by frame pictures of what happened and you can clearly see several things. You can clearly see the greeter coming at me. You can clearly see the greeter lowering his left shoulder. You can clearly see him pushing me back. And then, you can very clearly see me pushing him away. Its what you see next that is truly interesting. Tiny's hand is clearly on the greeter's back and if you follow the position of Tiny's hands, Tiny is the one who pushed the greeter with both hands and knocked him to the floor. I actually do not believe the greeter was acting, he just wasn't aware that Tiny knocked him off his feet. But it does explain the great distance he traveled.

It turns out the greeter watched me approach the checkstand with the bicycle. He watched me pay for the bicycle. He watched me take the receipt. He watched me place the receipt in my breast pocked. All of this from 15 feet away, according to his version. He then watched as I proceeded in his direction with the bicycle to leave the store and with all of that, insisted on detaining me.

Someone asked who is paying his medical bills. Well, his medical bills are based on an injury received the previous April. Walmart has already paid the bills.

All of this is available is someone local wants to come by and look. But, I am not posting any of it.

I never planned or wanted a physical confrontation with anyone. I was willing to stand there all day before I would show my receipt, but I had no intention of bulling my way out. I intended to walk out by going around him, but he would not allow that.

All of that, and somehow I am still in the wrong. Oh well, such is human nature.

I am glad its over. I thank those who have been supportive, and even those who asked for nothing more than justice. I believe the dismissal was justice. Others disagree. This is America, you are free to state your opinion disagreeing.

I don't want a lawsuit against Walmart. I will leave them alone and not shop there and they can leave me alone.

Don
 
Mark, I appreciate your comments. Yes we have butted heads, but I believe that if you were provoked by that greeter, I know you would be man enough to diffuse the situation. I don't know Don and I wasn't in his shoes that day. We all have bad days and who knows what set him off. This blown gasket could have been days, weeks, months or years in the making. Framing himself to be a martyr was what got my goat. I saw the greeter to be the victim and if I see injustice and others defending the injustice, I will speak up.
 
Cicerino is lucky he got off. Felony criminal cases have to be proven beyond a reasonable doubt for a conviction, there was too much doubt, and I don't think he calculated and planned his incident in advance. If they would have charged him with some misdemeaner originally, he may not have been so lucky.
If he was in the same situation around here, he would be sitting in jail. I know many people who are sitting in jail for doing less, and I know many people who should be in jail, but are running around loose.
I don't know how many years the frail greeter has to file his civil suit, hopefully he isn't smart enough to hire an ambulance chaser.
I don't agree with Cicerino's view of events, I saved the video, enhanced it and ran it frame by frame.
It would be nice if Cicerino exercised his right to remain silent cause like the other poster said, some how the way he handled his explanation gets on my nerves.
Any ways, I have to write up a recomendation to the head of Wal-Mart that all greeters now be armed with Tasers and Mace cannisters. I had asked them before to let the greeters be armed with deadly force, but they said No.
 
Just a few things- I did not know Cicero was "buying" a bike. Cicero knew darn well he would need to show a reciept. As much as I hate showing my reciept, I'll do so if buying a big or expensive item, like TV at Best Buy or whatever. I feel it's resonable for expensive items to keep prices down, that's just me. To enforce the reciept thing for petty items is unacceptable. I know it's hair-splitting.

Anyway, Cicero overreacted. A nice clean bending back of the checker's wrist, the wrist tht he touched him with, would have been better.

Cicero going to court would have set a bad precident for other people who just push their way out of the store, rather than commit an act more befitting a pro wrestler. I dunno what else to say. I hope if I decide not to play nice w/a retailer, it does not look so grim on tape.
 
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Any ways, I have to write up a recomendation to the head of Wal-Mart that all greeters now be armed with Tasers and Mace cannisters. I had asked them before to let the greeters be armed with deadly force, but they said No.




For what purpose would a greeter need weapons? Unlawful confinement? Legally, can't the greeter only get out of the way and phone the police if someone is trying to leave the store?
 
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Any ways, I have to write up a recomendation to the head of Wal-Mart that all greeters now be armed with Tasers and Mace cannisters. I had asked them before to let the greeters be armed with deadly force, but they said No.




Bernard is either a very tongue-in-cheek jokester, or totally absent of any adult common sense or connection with reality.
 
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Any ways, I have to write up a recomendation to the head of Wal-Mart that all greeters now be armed with Tasers and Mace cannisters. I had asked them before to let the greeters be armed with deadly force, but they said No.




Bernard is either a very tongue-in-cheek jokester, or totally absent of any adult common sense or connection with reality.




Oh yea, that would fly! Walmart greeters with mace and tazers. Don would be waiting for a 100 million dollar check to clear if old frail or tiny hit him up with a tazer!

Bernard, you can't be serious! That's got to be the dumbest thing I have ever read here.
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