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Decedent’s Family Sues Costco for Wrongful Death

More than two years after Erik Scott was killed, and less than three months after they dropped a federal lawsuit against the Las Vegas Metropolitan Police Department (LVMPD), the family of Erik Scott has filed a wrongful death lawsuit against Costco Wholesale Corp and a Costco employee.

In 2010, Scott was in Costco shopping with his girlfriend. As Scott tore open packages of water bottles and fit them inside a cooler, a Costco employee noticed Scott had a gun in his waistband. The employee allegedly then told Scott that weapons were not allowed inside Costco. Scott, who had a legal permit to carry a concealed weapon, allegedly refused to leave the store so a Costco employee called the police.

When the LVMPD arrived, they asked a Costco employee to evacuate the store. As Scott and his girlfriend exited the store, a Costco employee pointed him out to the LVMPD. Conflicting evidence says the LVMPD then either ordered Scott to get down to the ground or drop his weapon. What is not in dispute is as Scott turned around, LVMPD Officers Thomas Mendiola, Joshua Stark and William Mosher shot seven times, striking Scott all seven times. The lawsuit says the LVMPD officers mistook Scott’s Blackberry for a firearm.

A coroner’s jury subsequently held that the three LVMPD officers acted justifiably when they shot Scott. Scott’s family then dropped their federal lawsuit against the LVMPD. They also dropped the federal lawsuit against Costco and the Costco employee.

The Las Vegas law office of Lagomarsino Law did not represent anyone involved in the above-referenced case. The commentary is for educational and commentary purposes only. If you would like to be represented by a Nevada attorney, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.