A victim of an armed robbery is suing Circle K convenience store for failing to deter crime over a shooting that took place Dec. 20, 2009 in Bogalusa.

April Dawn Kelley, individually and on behalf of her three minor children, and Jacklyn Alyse Hickman, claims she was shot while standing at a checkout counter by an unidentified man who came in through a front door.

She claims her children witnessed the shooting from outside the store.

The assailant also robbed the store.

Her oldest child attempted to pursue the assailant while in her vehicle but he pointed a gun at her. According to the lawsuit, the assailant was not caught.

Circle K is accused of negligence for failing to maintain the premises in a reasonably safe condition, failing to inspect the premises to protect customers from dangerous conditions, failing to maintain internal security measures and failing to take steps necessary to deter crime. Kelley claims the store is site of multiple prior armed robberies and crimes.

Kelley is seeking damages for physical pain and suffering, mental and emotional pain, suffering and anguish, medical and surgical expenses, wage and fringe benefit loss, loss of earning capacity, loss of household, vocational and occupational rehabilitation expenses and physical disability.

Kelley and Hickman are represented by Ronnie G. Penton and Mary Anna Penton of The Penton Law Firm in Bogalusa. A jury trial is requested.

U.S. District Judge A. J. McNamara is assigned to the case.

Case No. 2:10-cv-04381

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