Mom sues Walmart after fire in parking lot burned sleeping daughter
Essie McKenzie, 33, is seeking at least $75,000 against Walmart, blaming the company for the fire that engulfed her daughters, killing her six-year-old and scarring her nine-year-old.
Minnesota mother sues Walmart after fire in parking lot burned sleeping daughter, 6, alive in her minivan and permanently disfigured her nine-year-old while she shopped: Man, 72, set his neighboring van on fire after cooking on camping stove in the lot
By Ronny Reyes For Dailymail.Com09:43 EDT 12 Aug 2022 , updated 12:33 EDT 12 Aug 2022
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- Essie McKenzie, 33, is seeking at least $75,000 against Walmart, blaming the company for the fire that killed her six-year-old and scarred her nine-year-old
- McKenzie was shopping at the Walmart in Fridley, Minnesota, in 2019, when she left her sleeping daughters in the car
- Camper Roberto Hipolito, 72, left a hot cooking stove in the parking spot next to them, which caught on fire and engulfed the girls
- The lawsuit blames Walmart for its 'well-known' policy of allowing people to camp in their parking lots but not monitor them to ensure the safety of others
- safety of others
Essie McKenzie, 33, was shopping at the Walmart in Fridley, Minnesota, in 2019 when her daughters, Ty'rah, 6, and Taraji, 9, were caught in a fire after Roberto Hipolito left a hot camping stove inside his minivan besides the girls' car.
McKenzie is now seeking at least $75,000 in damages against Walmart, blaming the company for its 'well-known' policy of allowing people to camp out in their parking lots but not monitoring them to ensure the safety of others, KARE 11 reported.
'Walmart encouraged and permitted a dangerous condition on its property,' the lawsuit states. '[Walmart] escalated that danger by failing to provide staff to oversee the appropriate use of its parking lot as a campground.'
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Essie McKenzie, 33, is seeking at least $75,000 against Walmart, blaming the company for not monitoring campers in its parking lot after one left a hot cooking stove in his minivan, causing a fire that spread to her car, killing her sleeping six-year-old and scarring her nine-year-old
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McKenzie was shopping at the Walmart in Fridley, Minnesota, in 2019, when she left her sleeping daughters in the car
cKenzie was shopping at the Walmart in Fridley, Minnesota, in 2019, when she left her sleeping daughters in the car
Ty'rah (left. ) suffered a heart attack after first responders pulled her and her older sister out of the burning vehicle. She was revived at the scene before dying at a nearby hospital. Taraji (right) suffered severe burns
The lawsuit blames the company for its 'well-known' policy of allowing people to camp out in their parking lots but not monitoring them to ensure the safety of others. Pictured: Two charred vehicles sit in the parking lot
Roberto Lino Hipolito, 72, pleaded guilty to two counts of negligent fire causing great bodily harm and settled a $130,000 lawsuit filed against him by McKenzie
According to investigators, Hipolito, 72, of Long Beach, California, was traveling with his wife in their 2005 Dodge Caravan, living in the vehicle as they traveled across the country.
Hipolito had used a camping stove to make breakfast on August 6, 2019, but failed to wait for it to cool down before storing
minivan and parking beside McKenzie, who left her sleeping daughters in car after an early trip to the airport.
While the Hipolitos and McKenzie were in the store, the minivan caught fire, which eventually spread to the car where the girls were sleeping.
First responders rushed to the scene and were able to get the girls out of the burning vehicle. Ty'rah suffered a heart attack and was revived at the scene before dying at a nearby hospital.
The lawsuit claims that the surviving Taraji suffered burns that will leave her physically and emotionally scarred for life.
Investigators found that Hipolito had used a camping stove to make breakfast on August 6, 2019, but failed to wait for it to cool down before storing it in the minivan, causing the fire
The flames spread to McKenzie's car on the left, where the two girls were sleeping
First responders rushed to the scene and were able to get the girls out of the burning vehicle
In a statement responding to the lawsuit, Walmart stated: 'Our sympathies remain with the friends and family impacted by this tragic event three years ago'
The wrongful death suit states that by not monitoring the Hipolitos, who had been at the parking lot overnight, Walmart maintained 'dangerous conditions' on store grounds.
'These unregulated, unlicensed, and unmonitored campgrounds pose a threat of illness, injury, noise, and crime to a considerable number of members of the public,' the suit reads.
In a statement responding to the lawsuit, Walmart stated: 'Our sympathies remain with the friends and family impacted by this tragic event three years ago. We plan to defend the company and will respond in court to the complaint as appropriate.'
McKenzie, pictured with her kids, said the in lawsuit that by not monitoring the Hipolitos, who had been at the parking lot overnight, Walmart maintained 'dangerous conditions'
She said her surviving daughter faces life-long trauma after she watched her sister die
The family had previously reached
The family had previously reached a $130,000 settlement in a civil case against Hipolito
The lawsuit comes two years after McKenzie reached a $130,000 settlement in a civil case against Hipolito.
Although initially charged with manslaughter, Hipolito pleaded guilty to two counts of negligent fire causing great bodily harm and was sentenced in 2020 to 120 months in jail and three years probation.
The more serious second-degree manslaughter charge was dropped given Hipolito's advanced age and lack of criminal history.
Assistant County Attorney Wade Kish, the prosecutor, said the McKenzie family did not object to the decision and were satisfied with the sentencing.
During the sentencing hearing, McKenzie recounted the not only the physical damage Taraji, suffered, but also the mental anguish.
'She watched her six-year-old sister lose everything in the palm of her hand,' McKenzie said.
Hipolito accepted his culpability in the fatal fire, telling the court, 'I wished that this never happened, and I wish I could do something to fix it, but I can do nothing
she didn't burn the kids... that man did. True she shouldn't have left the kids in the car but let's not act like she's the one that set the car on fire
fukking idiot. I can't even put this on the mom. Just bad luck
