Jury grants $1.5 million verdict to Silver City woman in Walmart lawsuit

SILVER CITY - A jury recommended earlier this month that $1.5 million in damages be paid to a Silver City woman in a lawsuit against Walmart, and the retail giant plans to ask for a review of the evidence.

Shaydle Mendoza was shopping at Silver City's Walmart in July 2013 when her complaint states she was detained by the store's "loss prevention officers" and then arrested for shoplifting. Mendoza spent a night in county jail and paid a $500 non-refundable bond for her release. The charge was later dropped.

After the Sixth Judicial District Attorney's office dismissed her case, Mendoza said she contacted the store the following December asking whether she was allowed to shop there. The complaint states that she got permission from the store to return, but when she did she was arrested once again, this time for trespassing. 

Mendoza's complaint further states that the incidents led to a loss of income after her employer ran a background check that showed she had been charged with shoplifting and trespassing. 

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Mendoza filed suit in 2014, naming Walmart Stores East, the store's general manager, and a dozen loss prevention officers as defendants. 

After deliberating late into the evening of Aug. 10, a jury of 12 found that Walmart loss prevention officer Robert Bencomo had probable cause to believe Mendoza was concealing merchandise and detained her in a reasonable manner in the July incident. 

The jury found, however, that Bencomo "intentionally inflicted emotional distress" on Mendoza when she returned to the store in December, and found him liable for malicious abuse of process. The jury also found that Bencomo intentionally destroyed video evidence in order to defeat a potential lawsuit by Mendoza. 

The compensatory and punitive damages the jury recommended amount to $1.5 million according to court documents, but the judgment has not yet been filed.

Walmart spokesman Randy Hargrove told the Sun-News, "We don’t believe the jury’s verdict is supported by the evidence." He said the company planned to request that the court review the evidence, but did not say whether a decision to appeal the case had been made. 

Christopher Cardenas, one of Mendoza's attorneys, told the Sun-News that Walmart's counsel had orally presented that motion immediately after the jury presented its verdict, and it was denied by Judge Timothy Aldrich. 

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonActor on Twitter.