Confidential Settlement with Allsup's After Jury Signals $51M Award for Slain Hobbs Clerk

Elizabeth Garcia was 26 years old and four days into her job when she vanished from an Allsup's convenience store in Hobbs, New Mexico, during a solo overnight shift on January 16, 2002. Her body was found the same day in a nearby field. A medical examination revealed 57 stab wounds. Paul Lovett was later arrested, convicted of first-degree murder, and sentenced to life in prison.

Garcia's three young children brought a civil wrongful-death action against Allsup's Enterprises of Clovis, the largest convenience store chain in New Mexico. The lawsuit, filed in Santa Fe state district court in 2005, alleged that Allsup's failed to install video surveillance cameras at the store and refused to require a second employee during late-night shifts, despite documented crime problems at that location. According to allegations in the filing, Hobbs police had identified the store as 'a large component of the total crime occurring in Hobbs,' and the police chief had previously met with an Allsup's vice president to discuss the issue. Lovett himself later told investigators he had targeted the store partly because he noticed no cameras and no other staff.

At trial, lead counsel Randi McGinn asked the jury to award $60 million. Allsup's defense counsel argued for $3 million. After two days of deliberations, the jury reached a figure: forewoman Jean Lehman confirmed afterward that jurors had settled on $21.2 million in compensatory damages and $30 million in punitive damages, a total of $51.2 million. Judge Raymond Ortiz interrupted the proceedings before the verdict was formally returned.

Minutes before the jury was brought in to deliver its award, the parties reached a confidential settlement. The terms were not disclosed. In a letter to jurors after the resolution, Garcia's family and legal team stated that Allsup's had committed to never challenge New Mexico's convenience store safety regulations. The case directly contributed to state rules requiring stores open after 11 p.m. to either employ two clerks, install bulletproof barriers limiting customer access, or close.

A. Elicia Montoya was co-counsel with McGinn on the matter.