A judge has ruled that Scott T. Zielinski can sue the store that he robbed at knifepoint, because the employees allegedly shot and beat him on the way out.
Zielinski, who is serving an 8-year prison sentence after being convicted of unarmed robbery for the November 2007 heist at Nick's Party Stop in Clinton Township, Mich., claims he was chased, shot twice and beaten excessively by three employees after he robbed the store.
The 23-year-old filed a lawsuit seeking $125,000 in April against the store, its owner John Acho and three employees including Acho's brother-in-law Don A. Kallo, and two nephews, Justin Kallo and Johnathan Kallo.
Justin Kallo allegedly chased and shot Zielinski.
Circuit Judge David Viviano ruled this week that the case can move forward but said that although Zielinski is indigent and imprisoned, he must post a $10,000 bond to cover the store and employees' attorney's fees if he loses the case.
Zielinski held up the employees at knifepoint and allegedly threatened to kill them in order to steal cigarettes, liquor and $873 in cash. As he fled the scene he says he was hit twice from three or four shots fired by Justin Kallo as Zielinski fled the Cass Avenue store after the robbery. He claims he was beaten excessively by Justin and Johnathan Kallo.
What do you think? Should the allegedly wronged robber have the right to sue or is this a case of the legal system run amuck?