Family of Wal-Mart employee trampled by shoppers files lawsuit
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The family of the New York Wal-Mart employee trampled by a horde of Black Friday shoppers filed a wrongful death lawsuit today against Wal-Mart Stores Inc., asking for compensatory and punitive and/or exemplary damages.
The day after Thanksgiving, an estimated 2,000 customers swarmed into the Long Island store just after it opened at 5 a.m. In the mad scramble, Jdimytai Damour, 34, a temporary employee contracted out by Labor Ready, died after being knocked to the ground.
The stampede also injured three other people and caused a pregnant woman to be taken to a hospital.
In a statement this afternoon, Hank Mullany, president of Wal-Mart’s Northeast division said Damour’s ‘tragic death’ overshadowed the company’s planned release of November’s sales numbers Thursday morning. Wal-Mart is continuing to work with local law enforcement to implement stronger safety measures in the future, he said.
‘We consider Mr. Damour part of the Wal-Mart family and are saddened by his death,’ Mullany said. ‘We have been in communication with members of his family to do what we can to help them through this difficult time. Our associates know that when incidents like this occur, we take care of our own.’
The suit was filed in state Supreme Court in the Bronx by attorneys on behalf of Damour’s sister, Elsie Damour Phillipe, who was appointed by the court as administrator of his estate. In addition to Wal-Mart, the suit also names Vornado Realty Trust as well as Securitas Security Services USA Inc., which the suit claims was providing security and patrol services at the Valley Stream store.
Green Acres Mall also is listed as a defendant. According to the Associated Press, Damour’s family also filed notice that Nassau County and its police department will be sued.
The suit claims the defendants ‘created an atmosphere of competition and anxiety amongst the crowd that caused the crowd to surge and enter into a crowd craze’ and ‘engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem...’
Other accusations include that the defendants did not offer adequate security or properly train or supervise existing security personnel, and used ineffective crowd control.
According to the suit, the defendants ‘failed to heed complaints of prior unsafe behavior at subject premises; failed to warn persons lawfully on their premises of the danger presented by their failings; failed to place signs or other warnings of the danger presented by their failings; failed to expel rowdy and dangerous patrons...’ and did not properly erect barricades or other barriers that could have prevented Damour’s death.
-- Tiffany Hsu
