SACRAMENTO - John D. Hill never intended to steal from his favorite store, Rite Aid. The 77-year-old Korean War veteran has trouble carrying things in his right hand because of some nerve damage and the amputation of his pinky finger.
"I went in for a 30 pack of beer, but I noticed cans of sardines on my way out of the aisle," said Hill.
"I picked them up but then my hand started shaking, so I put them in my pocket to carry them up to the register."
Hill had been coming to the Rite Aid on Stockton Boulevard for years and knew most of the employees well. He said he got caught up talking to the cashier and forgot the sardines were in his pocket.
"When I walked out, a new security guard stopped me and said, 'Come with me."
The store manager didn't call the police, but photographed Hill, took his information, and banned him from the store.
"I tried to explain what happened and pay for the sardines, but they weren't having it."
A week later, Hill received a letter in the mail from Rite Aid's attorneys suing him in civil court for $300.
"I was shocked. Three hundred dollars for a $2 item?"
Criminal and civil attorney for Reichel Plesser Law Offices, Mark Reichel, said retailers have every right to sue under a California statute that protects them against shoplifters.
"It was made with good intentions," said Reichel, who has represented dozens of people in similar cases.
"It is to help retailers recover costs for security and recuperating merchandise, but often it is taken to the extreme and people are sued who can't afford the items in the first place and even after the products are returned."
Under the statute, retailers can sue to upwards of $500. Reichel said they often sue high, expecting defendants to settle at less.
Hill's friends in his neighborhood started writing letters to Rite Aid and its law offices on behalf of Hill. Hill is on limited income and is being treated for terminal cancer.
It wasn't until News 10 contacted Rite Aid's law office and explained the situation that the lawsuit was finally dropped against Hill. Rite Aid said it didn't know about Hill's age and disability at the time of the incident.
But Reichel said all the major retailers and supermarkets are using civil lawsuits more often.
"It may be because they found out they can do it, maybe because they know people are often so embarrassed that they'll pay, that statistics show it pays out, or that $300 dollars is $300 dollars for them, but I'm seeing more and more cases of it," said Reichel, who wrote a letter on behalf of one client against a retail lawsuit yesterday.
Reichel said that these letters of intent to sue does not mean the retailer is entitled to the money. You still have your right to a court case.
As for Hill, he respects stores' fighting back against shoplifting, but he thinks the case against him was excessive.
"It was way overblown. It was a mistake. I forgot."
Hill warns others to be mindful while shopping, because you don't want to get sued for sardines.
You can contact Leigh Paynter at lpaynter@news10.net or on Facebook, or follow her on Twitter.
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