Walmart shopper sues over scuffle with employees

Michael Baillion says he suffered serious injuries

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HOUSTON - A Walmart shopper says a return mix-up and a scuffle with theft-prevention officers has left him unable to work.

The incident happened in February of 2010. According to Michael Baillion, he still can barely lift his arm. He's now suing for damages.

"I was pinned down on the floor for 25 minutes with injuries and a man on my back. I was pleading to get up. My wife was pleading for them to let me up," he said.

Surveillance video from the incident shows Baillion and his wife at a checkout counter with oil containers already in their cart. The couple said they went to the store to return the oil and buy some other items.

Baillion said he forgot about the oil and the cashier apparently missed it as well. Theft-prevention officers approached the couple as they tried to leave and took them back to a room.

Surveillance video then captured images of one of the men flipping Baillion over his back and to the ground, according to Baillion.

Baillion said he was forced to lie face-down on the floor with a knee in his back for 20 minutes. He said he suffered a broken shoulder and torn rotator cuff.

"I would love to hear Walmart apologize and hear them say they know this is wrong and they are going to incorporate some type of program to make sure this doesn't happen to me or anyone else," Baillion said.

Walmart released a statement about the incident.

"Mr. Baillion was asked to come back inside our store after being stopped for suspected shoplifting. Upon returning, he became verbally and physically aggressive. We regret that Mr. Baillion was uncooperative and the situation escalated to the point of physical contact. We always regard the safety of all of our customers and associates as our top priority."

Prosecutors dismissed the shoplifting charge against Baillion.

His civil suit against Walmart is scheduled to begin in court next week.

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