Nearly a year after the Collierville community was shaken by a gunman randomly opening fire in a Kroger store on New Byhalia Road, an employee has sued the company, alleging negligence. 

Mariko Jenkins is seeking as much as $5 million in damages. JFE Franchising, a third-party contractor which once had space in the Collierville Kroger, is also a defendant in the suit, filed in late July in Shelby County Circuit Court. It has since been moved to the United States District Court for the Western District of Tennessee.

2 dead, 12 injured in ‘most horrific event’ in Collierville history

On Sept. 23, 2021, a gunman opened fire in the store, killing one customer and wounding at least a dozen people, most of whom were employees. Uk Thang, the shooter, worked as a sushi chef for JFE Franchising. Thang was fired the morning before the incident.

“Thang had a history of anti-social, antagonistic, volatile, unstable, threatening and predictably dangerous behavior,” the lawsuit said.

The lawsuit said Thang struggled to get along with others and had numerous disagreements with staff. He was fired after a disagreement and left angrily with the potential to act violently, the lawsuit says. It says Thang only left once management said it intended to contact police.

Kroger officials declined comment on the lawsuit, citing the company’s policy of not commenting on pending legal action.

Jenkins alleges Kroger should have handled the situation better as its actions set the events into motion. It notes better security measures should have been in place, and Thang should not have been allowed back in the store. The suit also states employees should have been warned, and Kroger should have known been aware of the threat Thang posed.

The lawsuit claims Kroger was negligent in its hiring practices, but also noted there was insufficient staffing. It also alleges Kroger failed to provide appropriate care and training for such circumstances. Since the incident, Jenkins’ life has been altered and he’s suffered not only physical injuries but also emotional distress and a diminished quality of life. It also states his injuries have contributed to a loss of income.

Gunman in Collierville Kroger shooting identified

The suit also states JFE should have better screened its employees and warned of any violent tendencies. However, the day after the incident, Collierville Police Chief Dale Lane noted Thang had nothing violent in his past.

While JFE recruited and screened employees, Kroger was the supervisor, and Kroger was the entity that fired Thang after an incident with staff. The lawsuit states the two entities have a close relationship based on their business purpose.