MARTINEZ, Calif. — A 10-year-old child suffered permanent damage after being inappropriately touched by a Wal-Mart employee and registered sex offender, according to the plaintiff in a suit filed against the retail giant.

"This case is about a beautiful girl who had her childhood innocence stolen from her inside the Forest Hills Wal-Mart," said David Massey, the plaintiff's attorney, in his opening statement Tuesday.

Maria Hollins, the victim's mother, is suing the retail giant for gross negligence for an unspecified amount of damages. Hollins claims the company was negligent in not performing employee background checks and should have kept convicted sex offender Bobby Devon Randall away from her daughter.

Massey played for jurors the Wal-Mart surveillance video, which captured the act.

Although the incident lasts approximately 90 seconds, it's clear Randall touches the girl and appears to follow her after a customer interrupts him. Eventually, the victim's sister leads her out of the electronics aisle where Randall worked.

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Massey told jurors Randall masturbated in front of the victim.

"What a great spot for a pervert to be: In the electronics aisle, working with children," he said.

Randall was convicted of performing a lewd act on a minor in the case. He was sentenced to 10 years in prison, but died while he was incarcerated.

The plaintiff's attorney attacked the $300 billion company's hiring and retention polices, contending no reference check performed on Randall.

Massey also said the corporation even prohibited background checks, except in instances that benefited the company, but not customers.

Wal-Mart spokesman John Simley denies that the retailer prohibited background checks at the time of the Sept. 25, 2000, incident. However, Wal-Mart's attorneys do not dispute that a reference check was not performed.

The plaintiff's attorney argued Tuesday that Randall was improperly monitored while working at the store. Wal-Mart points to its video surveillance system, roving supervisors and well-lighted aisles as some of the ways it monitors its stores.

Attorney Steve Morrison, who represents Wal-Mart, countered Massey's depiction of the company as a callous and careless superstore with no regard for customers.

"It's a store, while not perfect, it has tried to do its best," Morrison said in his opening statement.

The current store manager is attending the trial, although he did not oversee the store at the time of the incident.

Morrison explained how management handled the lewd offense and referred to a $25 gift certificate as a tangible apology.

"You can begin to understand that the store cares about its customers," Morrison said.

Massey portrayed the certificate, which was offered to the plaintiff when she reported the incident, as an insult given the severity of the crime. The plaintiff never used the gift certificate.

Wal-Mart suspended Randall immediately upon learning of his inappropriate actions, according to Morrison. And although the defense attorney admitted to the "vile" nature of the incident, he repeatedly told the jury that the "case is about a man who committed an indecent act and paid the price."

Morrison treated the incident as a closed case involving a "community" store that cooperated with law enforcement and treated the victim and her mother with dignity.

In his 35-minute opening statement, Morrison led the jurors through a series of questions about the case, spotlighting key issues and gently questioning the plaintiff's motives.

"Would you wonder ... whether [the victim's] family took her to a family doctor before they went to a juris doctor?"

The South Carolina attorney said Maria Hollins met with an attorney before taking her daughter to her family physician.

Questionable motives or not, the plaintiff's first witness may undermine Wal-Mart's case.

Frances Parker testified that her daughter witnessed the same employee masturbating in a parking lot near the Wal-Mart. When her daughter later identified Randall as the perpetrator, Parker said she told several employees at the superstore, but got little response.

Parker also said she made a non-emergency call to police, who said they would meet her at the store but never showed.

Parker said her daughter still struggles with the incident.

"She does not like to mention the incident," Parker said. "It makes her worry about her sisters and other children."

The trial is scheduled to continue Wednesday and is being streamed live on Court TV Extra.