The family of a man killed by an ExxonMobil gas station clerk over an alleged dispute over a piece of beef jerky has filed a lawsuit against the clerk charged with killing the customer.
Anthony McNary, 24, was shot and killed by a clerk June 5 at a Mobil gas station in Detroit on 4415 W. Vernor Highway. The clerk, Moad Mohamed Al-Gaham, is charged in Wayne County with first-degree murder.
McNary and Al-Gaham got into a dispute over a piece of beef jerky Al-Gaham believed he was shoplifting, according to the lawsuit. When McNary tried to pay for the jerky, he was told to leave. Al-Gaham locked the doors once McNary was outside, then allegedly shot and killed McNary through the glass doors.
McNary was taken to the hospital with a gunshot wound to the forehead and was later pronounced dead.
“The attack and killing was completely foreseeable and preventable,” according to the lawsuit. “Al-Gaham was untrained, unsupervised and had a known history of violence. … (ExxonMobil) knew or should have known that Defendant Al-Gaham lacked the training, experience, character, mentality and maturity to interact with customers of the Gas Station.”
The lawsuit alleges the company either provided a loaded handgun for staff to use or allowed staff to bring a loaded gun onto the premises.
The lawsuit asks for $100 million in damages for corporate negligence and the reckless conduct of store clerk Al-Gaham, as well as negligent hiring, training, supervising and retention of the clerk.
This is the second lawsuit filed within a month against ExxonMobil. The first was filed after a clerk at a Detroit ExxonMobil locked three customers inside the gas station with an irate customer who later shot three other customers in the store, killing one. One of the injured customers, Anthony Bowden, filed the lawsuit.
The clerk, Al-Hassan Aiyash, was charged with involuntary manslaughter stemming from the May 6 shooting. The alleged shooter, Samuel McCray, was charged with first-degree murder and attempted murder.
“This is the second incident this year that an innocent person has been killed at an ExxonMobil gas station at the hands of one of its employees,” said Fieger Law attorney James Harrington. “Both instances show gross corporate negligence and lack of employee training. The violence, carelessness and irresponsibility by ExxonMobil must end.”
Al-Gaham was under investigation for another shooting that occurred about a year ago at the time of the shooting that killed McNary, according to the lawsuit and prosecutors. Al-Gaham allegedly shot at a person standing too close to his vehicle, though neither a warrant nor charges have been submitted.
“(ExonnMobil) knew or should have known that Defendant Al-Gaham (had) a known history of violence, including gun violence … (and) knew or should have known without adequate training and supervision Defendant Al-Gaham would aggressively and violently attack customers as he did in the past.”
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