Employee hurt in Collierville Kroger shooting files multi-million dollar suit

Scenes from outside the Kroger on New Byhalia Road in Collierville where a shooting took place Thursday afternoon, Sept. 23, 2021.
Scenes from outside the Kroger on New Byhalia Road in Collierville where a shooting took place Thursday afternoon, Sept. 23, 2021.

A Kroger employee who was shot a year ago when a recently-fired contractor opened fire in the store's Collierville location has filed a lawsuit against the company, accusing it of negligence for not providing more security before the shooting.

Mariko Jenkins cites in his lawsuit that the company "knew or should have known that [Uk] Thang presented a danger" after he was fired. In the court filing, Jenkins said Thang, 29, had a history of being confrontational towards employees and shoppers.

"...Thang had a history of anti-social, antagonistic, volatile, unstable, threatening and predictably dangerous behavior at all times pertinent hereto," the lawsuit read. "Thang had a history of confrontations and disagreements with other individuals including employees and agents of Kroger and its invitees. On the morning of the subject incident Thang was called into the manager's office as a result of one or more such incidents."

Jenkins' filing states Thang was angry and displayed a "great propensity to act violently and dangerously" when he left the shopping center before returning some time later armed with "two pistols and a full-length military style rifle as well as high-capacity magazines and substantial amounts of ammunition."

Police later identified Thang as the shooter who opened fire inside the Kroger location, shooting 15 people and killing Olivia King. Thang died from a self-inflicted gunshot the day of the shooting.

Maureen Fraser, left in the picture, says she took this selfie picture of herself with her friend Olivia King (center) and another friend, Maureen Bush. Maureen Fraser and her husband David Fraser said King was killed Thursday, Sept. 23, 2021 in a shooting at a Kroger grocery in Collierville.
Maureen Fraser, left in the picture, says she took this selfie picture of herself with her friend Olivia King (center) and another friend, Maureen Bush. Maureen Fraser and her husband David Fraser said King was killed Thursday, Sept. 23, 2021 in a shooting at a Kroger grocery in Collierville.

"At no time did any Defendant warn of or otherwise take reasonable action to prevent Thang from causing or mitigating his ability to cause such harm when they had the means, ability and reasonable constructive and/or actual notice to do so," Jenkins asserted in the lawsuit.

Jenkins initially sued in late August 2022 in the Shelby County Circuit Court, but the case has been moved to federal court in Memphis.

JFE Franchising, a company that supplies sushi to big-box grocers, is also named as a defendant in the lawsuit. The 29-year-old Thang was an independent franchise owner for the company.

Along with alleging negligence the day of the shooting, the lawsuit also claims that there were oversights in the hiring process.

"Defendants by and through its agents, servants and employees, through investigation and background examination, knew or should have known of Thang's dangerous propensities as an unfit employee/franchisee," the lawsuit read. "Defendants failed to use reasonable care in investigating, recruiting, and hiring Thang and failed to provide adequate warning to Plaintiff."

Jenkins is seeking a maximum of $10 million in damages to be paid out by Kroger and JFE Franchising.

A Kroger spokeswoman declined comment Wednesday afternoon.

Lucas Finton is a news reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com and followed on Twitter @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: Victim in Collierville Kroger shooting alleges negligence in lawsuit