GREENWOOD — On July 17, 2022 a gunman shot and killed three people inside the food court at the Greenwood Park Mall. Now, the first ever lawsuit has been filed on behalf of one family that was in the mall that day.
The lawsuit includes four plaintiffs: two sisters who were in the food court together, their mother and father and defendants: Simon Property Group and Allied Universal Event Services.
One of the sisters, Kaya Stewart was shot multiple times and sustained life-threatening injuries. Her sister, who is a minor referred to as O.S. in the lawsuit, was by Kaya's side when the shooter opened fire and almost struck her as she ran away. Their mother, Meka Stewart, was walking to meet her daughters when gunfire rang out.
Samuel Stewart III, husband and father, is also a plaintiff in the lawsuit as the legal guardian of O.S.
According to the plaintiffs, Simon Property Group and Allied Universal Event Services, who was contracted to provide security for the mall, failed to prevent the shooting from occurring.
In the lawsuit, the plaintiffs claim the shooting was preventable if proper security measures were taken, including:
- Video feeds throughout the parking lot and mall were adequately staffed
- Security cameras were working properly
- the food court was appropriately monitored by security personnell
"The Assailant was seen, or should have been seen, walking through the parking lot of the mall, into the mall, and into a restroom near the food court while carrying a heavy, long black backpack, then remaining in that restroom for more than an hour while he prepared to shoot innocent patron," the lawsuit states.
The lawsuit points out the increased risk of active shooter incidents in the United states in the past several years, citing data from the FBI.
Because of this risk, the plaintiffs claim Simon Malls has a responsibility of taking reasonable precautions to ensure the safety of their customers. Something, they state was not done on July 17, 2022.
"As a direct, proximate and foreseeable result of the actions and inactions of Simons Properties’ employees, whose names are not yet known to the Plaintiffs, Plaintiffs
Eumeka Stewart and Kaya P.R. Stewart, in their individual capacities, and Eumeka Stewart and Samuel Stewart III, as parents and legal guardians of the minor, O.S. suffered damages, injuries and losses, and will continue to be harmed for the rest of their lives," the lawsuit states.
WRTV reached out to Simon Property Group and Allied Universal Event Services for comment.
Allied Universal Event Services said they do not comment on pending litigation.
We have yet to hear back from Simon Property Group.
