$21.25M Verdict for Wrongful Death in Lowe's Parking Lot Shooting by Security Guard
N
Nishica Srivastava
September 26, 2024
Kari Nelson, The Estate of Freddy Nelson, Jr. vs TMT Development Co., LLC, D. Park Corporation, Jeffrey James, Matthew Cady, TJ Lathrometal.
Case Background
On October 19, 2021, Kari Nelson, wife of decedent Freddy Nelson Jr. sued a property management firm and their contracted private security company following the wrongful death of her husband in a Lowe's Home Centers parking lot.
The case was heard in Oregon’s Fourth Judicial District Court in Multnomah County. Judges Leslie G Bottomly, Eric L Dahlin, Christopher J Marshall, Judith H Matarazzo, David F Rees, and Benjamin Souede presided over this wrongful death lawsuit. [Case number: 21CV40742]
Cause
Kari Nelson and Freddy Nelson, Jr. were a married couple living in Multnomah County, Oregon. Peter Glazer served as the personal representative of Freddy Nelson Jr.'s estate to pursue a wrongful death claim.
Defendant D. Park owned real property on N Hayden Meadows Drive in Portland, Oregon, including the property at 1160 N Hayden Meadows Drive, collectively referred to as “Delta Park Center.” D. Park leased the 1160 N Hayden Meadows Drive property to Defendant Lowe’s Home Centers, LLC.
Defendant TMT Development Co. functioned as an agent for D. Park, making both entities jointly responsible for their actions.
At the time of the incident, Matthew Cady, TJ Lathrom, and James Jeffrey operated as Cornerstone Security Group, presenting themselves as a security service offering armed protection. On November 1, 2019, TMT hired Cornerstone to provide armed security at Delta Park Center. The contract authorized Cornerstone to act on behalf of TMT, including legal actions against individuals committing crimes on the property.
The Cornerstone Defendants hired Defendant Logan Gimbel to work as an armed security professional on August 26, 2020.
However, Cornerstone did not ensure its employees were certified armed security professionals, violating OAR 259-060-0120. Several employees, including Logan Gimbel, who fatally shot Freddy Nelson Jr., lacked the necessary certification. Cornerstone fostered a reckless work environment that ignored de-escalation training.
In February 2020, a TMT agent tried to force Freddy Nelson to move his motorhome, which he refused. Subsequently, TMT directed Cornerstone to harass the Nelsons whenever they were at Delta Park Center. In March, Lowe’s authorized Freddy to collect pallets from behind its store, but harassment continued.
On May 29, 2021, while shopping at Lowe’s, Gimbel confronted Freddy, claiming he was under arrest. Gimbel attempted to open the locked vehicle and then pepper-sprayed the Nelsons through a window. While they struggled with the effects, Gimbel shot Freddy three times, killing him. Kari, witnessing this, suffered severe trauma and attempted to give first-aid to her husband, while her eyes were still burning. Unfortunately, her husband passed away from the wounds.
