Family of man trampled at Wal-Mart sues

[sabra]

Source: CNN

NEW YORK (CNN) — The lawyer for the family of a man trampled to death in a Long Island Wal-Mart on Friday filed a lawsuit Wednesday, claiming the store failed to control the crowd pushing to gain entry on one of the busiest shopping days of the year.

Jdimytai Damour, 34, a temporary worker, was crushed as he and other employees tried to unlock the doors of the Wal-Mart at Green Acres Mall.

The wrongful-death lawsuit filed in New York Supreme Court by attorney Jordan Hecht names Wal-Mart and the mall’s owner, manager and security firm as defendants.


Read more: http://cnnwire.blogs.cnn.com/2008/12/03/family-of-man-trampled-at-wal-mart-sues/

[TwilightGardener]

1. Well, that's one well-deserved suit, IMO. Hope the family is taken care of with a nice settlement.

[bluestateguy]

2. Wal Mart's lawyers are savage and vicious

It could be years before they ever see a dime.

[Kelvin Mace]

4. The nastier they are

the more it will generate bad publicity and consumer backlash.

[daninthemoon]

3. good.let's see if there is any justice left. walmart should just pay the man.

[Ian David]

5. Fortunately for them, Wal-Mart has a walk-in legal clinic between their optomotrist and photographer

[ayeshahaqqiqa]

6. this should be interesting

I know of at least two DUers who would be great expert witnesses for the defense.

[TXDemGal]

7. Wal-Mart's defense: There was NO way we could foresee

that an out-of-control mob would surge through the doors the day after Thanksgiving for our DOOR BUSTER sales!


:sarcasm: :sarcasm: :sarcasm:

[VeraAgnes]

8. Since he was an on-duty employee, .......

Should this case actually fall under Workers Compensation with a Safety Violation? In most states, they are protected from wrongful death under workers compensation laws.

Lets hear from the Worker Comp lawyers....most of all New Yorkers.

[DavidMS]

22. That was my thinking...

I am not a lawyer and don't play one on TV, but from what I know of Workman's comp, it covers this and does not permit a private suit... Naturally the DA should look into negligent homicide charges against Walmart, et all. Which would probably stick.

[VeraAgnes]

23. I'm glad you replied...

I was thinking I may of been way off base. O8) Where is a lawyer on DU when you need one? HaHahaha

[donco6]

9. They'll settle for $7.5 million.

You heard it here first.

[Larry in KC]

10. $7.51 million... closest without going over.

[donco6]

11. Larry in KC, COME ON DOWN!

Heh - I didn't know the rules, damn.

[slackmaster]

12. I wonder what kind of insurance, if any, Wally World has for this kind of thing

Tagged for interest.

[harmonicon]

13. weren't there cameras?

I think Walmart should go down for this, but the people that did the trampling should get the biggest punishment - they should be in prison for a long long time.

[frebrd]

14. They also should sue all the mindless cattle who stampeded in the door....

as if they had lost any grasp of the law of cause and effect.

[GrpCaptMandrake]

15. That's exactly the reason for this suit

WallyWorld caused the riot by inciting the crowd. There was no intervening or superseding causation between the incitement and the mob's action.

[mdmc]

16. r

[Sgent]

17. Shouldn't this be covered under Workers Comp laws?

At least for Walmarts liability...

As for the mindless cattle, he may have a better suit.

[joewicker_TX]

18. Can you say

Jdimytai Damour-Mart :)

I hope they throw the book at Wal-Mart. This type of thing happens al the time and is never reported.

[SOS]

19. 4 of the 10 richest Americans are Sam Walton's adult children

Each worth $18 billion.
You'd think, if these people had a shred of human decency, they would help the victim's family without having to be sued.

[jpak]

20. Walmart will just sue the dead man's estate to recover the settlement

n/t

[lib2DaBone]

21. Who could have seen that coming? Wal-Mart is such a responsible company...

[mountainvue]

24. Good. Hopefully Mr. Hecht is enough to

take on Wal Mart.

[silverojo]

25. Who's surprised by this?

Is there one person on earth who didn't see this coming?