Family of man who died in store sues

He was detained by security on suspicion of shoplifting Nov. 22

The family of the man who died last month inside a bustling Lakeview East JewelOsco while being detained by security on suspicion of shoplifting has filed a wrongful death lawsuit against the store, according to the Cook County Circuit Court.

The eight-count lawsuit, filed Tuesday by the victim’s nephew, Abelardo EscribaOmar, charges Jewel Food Stores and holds the store, 3531 N. Broadway, responsible for the victim’s death and for the injuries the victim suffered before his death, according to the family’s attorney.

According to authorities, Eugenio Escriba-Guzman, 55, was detained in Jewel-Osco after employees suspected him of shoplifting on Nov. 20 about 6:45 p.m. Employees said he had “store merchandise” in a bag and he was seen “walking past the point of sale, at which point he was detained,” police said at the time.

Escriba-Guzman was handcuffed and “escorted” to a security office, officials said, where responding officers found him handcuffed, unconscious and “slumped backward,” police spokeswoman Kellie Bartoli said at the time.

Paramedics arrived and attempted to revive him but he was pronounced dead at the scene, she said. An autopsy on the body of the man, was inconclusive and pending further information, according to the Cook County medical examiner’s office.

“We’re continuing to investigate this tragic incident,” said Jay McCarron, the attorney representing the victim’s family.

The lawsuit alleges that the security guards and other employees were acting “within the scope of their employment” when they grabbed the victim by his clothing, threw him to the ground and moved him to a separate room in the store.

“As a direct and proximate result of one or more of the aforementioned intentional acts by the Defendant … (the deceased) then and there suffered severe injuries, both internally and externally,” the lawsuit states.

The family seeks compensation of more than $50,000 for the “harm caused by the defendant … for the defendant’s egregious conduct, to deter this defendant from negligent acts and to protect the public safety, according to the lawsuit.

“We’re trying to find out what the reason for using such aggressive force was,” McCarron said. “Whatever they think he did, it’s hard to envision how the force being used was reasonable given the circumstances.”

“He was battered and pinned to the ground,” he added. “He suffered significant fear and pain and suffering.”

The attorneys have asked that Jewel preserve all relevant evidence. McCarron said he expects the case to proceed under normal civil procedure.