'It was foreseeable': Survivors of Greenwood Mall mass shooting sue mall owner, security

The family of a survivor in the mass shooting at Greenwood Park Mall in 2022 have filed a lawsuit against the mall owners and its security company, arguing the tragedy was foreseeable and the companies were negligent that day.

In the lawsuit filed Tuesday in Marion Superior Court, Eumeka Stewart, Samuel Stewart III and Kaya Stewart – who was among the injured that day – are asking for damages from the mall’s owner, Simon Property Group, and the mall’s private contracted security company, Allied Universal Event Services. The suit states the mall does not proactively detect suspicious activity, such as firearms, and argues the shooting could have been prevented.  

“It was foreseeable to Simon and Allied that something catastrophic and/or similar to this shooting could occur,” the suit states, pointing to the country’s rising level of mass shootings and further arguing the gunman fit the profile of a mass shooter as he entered the premises. The suit mentions how the shooter carried a long, heavy backpack into a bathroom near the food court, stayed there for an hour, and retrieved two firearms from the bag then exited the restroom and opened fire.  

The violence claimed the lives of 30-year-old Victor Gomez, Pedro Piñeda, 56, and Rosa Mirian Rivera de Piñeda, 37. Kaya Stewart and another woman were injured.  

The shooting ended seconds later when another shopper, Elisjsha Dicken, pulled out a 9mm handgun and shot the gunman from 40 yards away.  

More:Police: Greenwood mall shooter fascinated with German Reich, yet ‘no clear motive’ for attack

In the suit, the Stewart family argues no security guards were inside the food court at the time of the shooting, which they contend could have deterred the shooter from carrying out the violence. They further said no employees or security guards attended to the men’s restroom where the shooter managed to linger in a stall for more than an hour, giving him enough time to assemble his weapons and destroy his cellphone.  

The aftermath of the mass shooting on July 17, 2022 left Stewart with physical injuries and her family with emotional, psychological and economical difficulties, the suit says. They are asking for damages in the request.

Allied Universal Event Services declined to comment, saying the company does not speak about pending litigation. IndyStar has reached out to Simon Property Group and has not received a response at time of publication.

Contact reporter Sarah Nelson at 317-503-7514 or sarah.nelson@indystar.com