GPM Investments, the convenience store arm of Arko Corp, has agreed to settle a lawsuit against the family and estate of former employee Pam Smotherman, according to court documents filed with the U.S. District Court for the Northeast District of Texas, Dallas division, in late November.
Smotherman was shot and killed during an armed robbery in July 2020 while working an overnight shift at a GPM-owned E-Z Mart near San Antonio, Texas. Details of the settlement were not included in the court filing, which noted that GPM and Smotherman’s family “will promptly file a Joint Stipulation of Dismissal With Prejudice when all settlement activities have been concluded.”
Earlier this year, GPM gave Smotherman’s family a death benefit of $100,000 and $9,000 in burial expenses under the company’s Texas Occupational Injury Benefit Plan.
Smotherman’s family then sued GPM for negligence, wrongful death and survival, claiming that the retailer had not followed its own policies around safety procedures leading up to Smotherman’s death. The suit listed several specific policy violations and noted that GPM’s corporate team said the store Smotherman worked at should close earlier due to safety concerns from workers. Management ignored this request and left employees working alone all night, according to the filing.
The family was awarded a $5.5 million settlement after the lawsuit was compelled to arbitration. GPM fought the settlement, claiming in a May 2024 filing that there was “evident partiality” from the arbitrator, who they said “exceeded his authority” in the decision. This is the case that both parties have now agreed to settle.
GPM Investments could not be reached for comment by press time.
