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Trampled Walmart Worker's Family File Wrongful Death Suit

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KittyWampus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 11:28 PM
Original message
Trampled Walmart Worker's Family File Wrongful Death Suit
GARDEN CITY, N.Y. - The family of a worker trampled to death in a "Black Friday" crush of bargain hunters at a Long Island Wal-Mart store filed a wrongful-death lawsuit on Wednesday, claiming store ads offering deep discounts "created an atmosphere of competition and anxiety" that led to "crowd craze."

The lawsuit claims that besides failing to provide adequate security for a pre-dawn crowd estimated at 2,000, Wal-Mart "engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem and was otherwise careless, reckless and negligent."

Wal-Mart, the adjacent Green Acres Mall, a realty company that manages the property and a security company hired to patrol the property were all named as defendants. None immediately responded to phone and e-mail inquiries seeking comment.

Jdimytai Damour, 34, had been hired by an employment agency as a temporary worker at the Wal-Mart store in Valley Stream and had been on the job about a week when he died, said his family's lawyer, Jordan Hecht.

The 6-foot-5, 270-pound man died of asphyxiation after being crushed early Friday morning by the crowd, which broke down the electronic doors in frantic pursuit of bargains. At least four other people were treated at hospitals, including a woman who was eight months pregnant.

Authorities suspect that because he was as big as an NFL lineman, Damour was placed at the entrance of the store to assist with crowd control.

"Those hundreds of people who did make their way into the store, literally had to step over or around him or unfortunately on him to get into the Wal-Mart store," Nassau County Police Commissioner Lawrence Mulvey said this week.

Police are reviewing store video to identify possible suspects in Damour's death, but Mulvey conceded that criminal charges are unlikely.

Mulvey said it was apparent to him that the Wal-Mart store about 20 miles east of Manhattan lacked adequate security to handle the crowds. He said police representatives met with retailers throughout the county two weeks before Thanksgiving and made it clear that security and crowd control for the sales was the merchants' responsibility.

Hecht said Damour's family also plans to file lawsuits against Nassau County and its police department. County Attorney Lorna Goodman said, "The county has no liability in situations of this kind."
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liberalmuse Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 11:31 PM
Response to Original message
1. I hope they get zillions.
Though it won't bring back their loved one. :(
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 11:42 PM
Response to Reply #1
3. I agree, on both points. But if they have to pay thru the nose, perhaps they will be more
careful in the future.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 01:19 AM
Response to Reply #1
4. That's right. Walmart has millions to lose, but they can afford it.
They may change things because they certainly do not need the bad publicity. It's generally not good PR to have employees killed in their stores. So that family can win millions, but the man is dead forever.
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all.of.me Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 07:51 AM
Response to Reply #1
9. Right, but it will at least set a precedent.
Hopefully he will not have died in vain.
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lpbk2713 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 11:41 PM
Response to Original message
2. I have to wonder how many lawyers tried to beat down his family's door ...
Edited on Thu Dec-04-08 11:52 PM by lpbk2713



... just to get the case. I hope they get more than just
a token amount while the lawyer walks away with millions.

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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 01:37 AM
Response to Reply #2
5. lawyers usually get 33% if it goes to trial
going up against walmart cost a shit load of out of pocket money for the attorneys.


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ColbertWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 02:19 AM
Response to Reply #2
7. I was hoping some big shot lawyer would take the case pro bono. n/t
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ColbertWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 02:18 AM
Response to Original message
6. "the merchants' responsibility." Damn right it is.
Thank you for posting this.

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timtom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 06:30 AM
Response to Original message
8. At first, I disagreed with suing WalMart
Though I don't EVER shop there.

But a moment's thought changed my mind.

Management should most certainly have invoked some sort of crowd control. If Disney World can do it, anybody can.

PA messages prior to opening the doors, for example, warning the crowd not to go nuts.
Beef up the gatekeeper force.
Use crowd-control devices, such as are used in banks or movie theaters (barricades and/or ropes). Sheeple usually respond well to those.

Yep. Management didn't give it their best shot. They are culpable.
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 07:55 AM
Response to Original message
10. This won't bring him back but I hope they collect millions n/t
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