Cactus CW ATL sued because robber died while subdued by staff

Family of Alleged Car Wash Robber Sues Over Death

Updated: Wednesday, 31 Aug 2011, 11:52 PM EDT
Published : Wednesday, 31 Aug 2011, 10:40 PM EDT

George Franco

George
Franco

By MYFOXATLANTA STAFF/myfoxatlanta

ATLANTA - The family of a man who died after allegedly robbing a car wash is filing suit over his death.

Keary Jackson, 41, died after being subdued by employees of the Cactus Car Wash on Ponce de Leon Ave. in Atlanta in November of 2010.

Attorneys for his family say Jackson died of asphyxiation and the car wash should be held liable for his death.

Police say Jackson was armed with pepper spray and tried to rob the car wash accountant, but he failed and was corralled by employees as he tried to flee.

A bystander’s video purportedly shows the employees holding down Jackson. This video, supplied by attorneys for Jackson's family, is part of a lawsuit against that carwash.

“They came and hogtied him like an animal and then, at the end of the day he died...at no time do I want anyone to understand that we're trying to justify the actions of Mr. Jackson," said attorney Terance Madden.

Madden represents Jackson's family. They are filing a wrongful death lawsuit against Cactus Car Wash and the employees involved in holding him down.

“He should have had a trial in front of twelve of his peers and he should have if, indeed they found him guilty, served time for what he did,” said Madden.

The car wash manager referred FOX 5 to his boss, who didn't return our calls.

Madden says Jackson died of asphyxiation caused by pressure on his chest with complications from sickle cell anemia.

“These people put him under such great strain that those cells started to change formation...thus allowing them to add that as a cause of death,” Madden said.

Fulton County District Attorney Paul Howards office tells FOX 5 News that a grand jury in May of this year returned a "no bill" in this case -- in essence not finding enough evidence to bring any criminal charges against of the employees at the car wash.

However, in a civil case the standards are different than a criminal case.

“In civil it doesn't have to be intentional necessarily. It just has to be negligent, and in this case that's exactly what happened,” Madden said.

Attorneys for the family of Jackson say they expect to file the lawsuit very soon. They say they have been talking to attorneys for the car wash, but have so far not been able to reach any resolution with them.

Family of Alleged Car Wash Robber Sues Over Death: MyFoxATLANTA.com

The car wash should be able to sue that family for their lawyer fees, interrupting/stressing their employees, stopping their flow of business and changing long term customer apprehension while at this facility. This is a crazy world we live in. Tort reform!

That's messed up. Employees should be rewarded with bonus for their action of going above and beyond to apprehend the criminal. Instead, they get sued. How does that make sense to anyone?

Now, that greedy lawyer representing the criminal family is just as bad. If he sincerely believes that the family have the right to sue, then he is just so evil. If he knows that morally it's wrong, but he is helping them sue anyways, then he is still evil. But then again, I guess he has to make a living too like rest of us. But what a sad way to make money.

It's messed up.

As if our good personal injury attorneys don't have enough work from people slipping on the wet sidewalk by a car wash... "Have you ever been injured while trying to rob a car wash? You may be entitled to compensation under the law. Contact the offices of Dewey, Bendham & Howe for a free consultation. Wheelchair provided."

Maybe he had a reaction to his own pepper spray...or the reality of getting caught just simply (took his breath) Bye Bye bad guy..