Rockford Walmart stabbing death lawsuit filed in Chicago. Here’s why

The decision to file a civil lawsuit over the fatal stabbing of a Rockford Walmart employee in Cook County rather than Winnebago County was likely due to a number of factors, legal experts said.

For starters, it is permitted by state venue law.

Because the defendants – Walmart and its security firm Brosnan Risk Consulting – do business in Illinois, including Chicago, the plaintiff – the family of an 18-year-old Rockford Walmart employee who was stabbed to death while working – can choose where they want open a case.

Chicago attorney Jack Casciato, who represents Nila Jenkins, mother of fatal stabbing victim Jason Jenkins of Rockford, filed a civil suit April 11 against Walmart, the nation’s largest retailer, as well as Brosnan Risk Consultants and the accused attacker, Timothy Carter.

“The lawsuit will be filed in Cook County Circuit Court given the substantial presence that Walmart and Brosnan security have here and the public interest factor affecting our state’s largest county,” said attorney Jack Casciato of Chicago. “Walmart and Brosnan maintain regular and ongoing business here in Cook County, which provides the plaintiff with deference and the right to pursue legal action in the county of his or her choice in accordance with the Illinois venue statute.”

More: Lawyer: List of defendants in fatal Rockford Walmart stabbing case likely to grow

Then there is the belief that the settlements are largest in Cook County. The possibility of getting a more favorable jury, along with more publicity for the case, could also have played a role in the decision.

“If Walmart has received a lot of negative publicity in Cook County, then that is probably the answer to your question,” said Dan McConkie, associate professor of law at Northern Illinois University. “Walmart can give more money if they think they are more likely to lose in Cook County.

Rockford personal injury attorney Frank Perrecone of Ferolie & Perrecone Ltd. said there is a general belief that verdicts tend to be higher in Cook County as opposed to other counties in the state.

“That’s changing,” Perrecone said. “That’s not necessarily true in every case. It’s really on a case-by-case basis.”

Jenkins was stabbed in the back on March 24 at the Northridge Drive Walmart store in Rockford. He died that night in a Rockford hospital.

Carter, 28, of Cabery, Illinois, was arrested at the scene. He is being held in the Winnebago County Jail on murder and hate crime charges. His next hearing will be June 14 in Winnebago County.

Chris Green is a general assignment reporter for the Rockford Register Star. He can be reached at 815-987-1241, via email at cgreen@rrstar.com and @chrisfgreen.

This article originally appeared in the Rockford Register Star: Rockford Walmart stabbing death lawsuit filed in Chicago. Here’s why