Family Of Murdered Wilmette Uber Driver Sues Walmart

CHICAGO, IL — The family of Grant Nelson, the Wilmette Uber driver who was allegedly killed by a 16-year-old passenger last month, has filed a wrongful death lawsuit against Walmart.

The suit accuses Walmart of allowing Eliza Wasni, who is facing first degree murder charges in the case, to walk out of a store in Skokie shortly before 3 a.m. on May 30 carrying a knife and a machete.

The lawsuit was filed Monday in Cook County Circuit Court. It names Walmart and two of its private security contractors, Monterrey Security and Allied Universal as defendants and seeks an unspecified amount of damages.

Despite the presence of two Walmart employees near the exits to the store at 3626 Touhy Avenue, no one asked Wasni to show a receipt or questioned her at all as she walked out of the store with the two blades, the lawsuit alleges. The lawsuit says Walmart and its security contractors were negligent because their agents failed to follow their own policies with regard to checking individuals exiting the store for receipts, they allowed Wasni unfettered access to dangerous items, then they failed to adequately monitor her as she walked through the store and exited.

» Prosecutors asked for a sample of Eliza Wasni's DNA and access to her phone in court on Wednesday.

Prosecutors said Wasni entered Nelson's Uber directly after leaving the Walmart and began fatally cutting him from behind within a couple minutes of the start of the ride. Wasni is being held without bond at a juvenile detention facility ahead of an arraignment set for July 5.

» Teen accused of stealing a knife and machete from Walmart before fatally stabbing her driver.

Nelson's mother, Christina, issued a statement to the media Monday.

“We are devastated by the loss of Grant and continue to grieve," it said. "We hope his lawsuit will effectuate a review of store procedures and a realization that not following policies can have tragic consequences."

The family's attorney, Robert Bingle described Nelson as a giving friend and wonderful family member with a contagious enthusiasm for life.

“We believe that at 3 a.m. in the morning, it was very obvious that this young girl with a machete in one hand and a knife in the other hand, with no receipt, was not going to do anything good," he said. "And, if Walmart and its agents had simply followed their own procedures, this terrible tragedy would have been avoided.”

Top photo: Grant Nelson | Courtesy CJF