Family of Wal-Mart employee trampled by shoppers files lawsuit

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

Photo: Nassau County Police examine the Valley Stream, N.Y. store.  Ed Betz/Associated Press.

Comments

[Very simple]

This story is absolutely disgusting and is exactly what a nightmare Christmas has become in the US. Each one of those disgusting Wal-Mart shopper-pigs should pitch in to cover funeral costs for this poor employee's family

[attorneys]

Wow, what a surprise.....

I'll bet every personal injury law practice in the country was trampling over each other to get this case for the Damour's. After all of the attorny's fees, I hope there's enough left to compensate this family for their loss. What a tragic loss of life that could easily have been prevented.

[maggie]

There is no question that this is a huge tragedy. However, there were sales ALL OVER the US that day. No other trampling reports anywhere else. Which begs the question... How is Wal Mart responsible? How could they foresee that this crowd was made up of such unruly individuals? I don't get how there would be any culpabilility on the part of WalMart. Those shoppers that trampled the poor young man should be the ones held responsible. How could someone not be able to tell he or she is walking over someone's body? These folks are animals. Plain and simple. If I were WalMart, I'd close that store stat. Why open yourself to lawsuits when all you are doing is offering items for sale? Let those pigs shop on-line!

[Barry]

Maggie is absolutely right on this one. The subhumans who stampeded the doors are criminals and solely culpable. It is a sad testament to what tort law has become in this country that the deceased's family attorney is simply following the deep pockets. Hope the authorities are able to make some arrests based on the security camera records. My heart goes out to the family of this unfortunate young man - but not their shyster lawyer, nor the pigs who caused his death.

[Czarex]

Was the guy that got trampeld, inside or outsidethe doors that were broke down?

[Dave Atkins]

Maggie and Barry both miss an important point: other retailers provided priority numbers to shoppers to have them line up in order; security guards on the outside of the door to increase anxiety or combinations of both. Letting folks gather in a mob outside the door created a very predictable mob mentality that the steps taken by other retailers prevented.

It is the responsiblity of people that invite large crowds to an event to provide adequate, trained personnel to maintain order. It happens at rock concerts. When it doesn't we get tragedies like Altamont.

It happens at sporting events.

Even smaller dangers, like homeowners' swimming pools are required to be protected by a childproof fence.

Wal Mart tried to save a few bucks and as a foreseeable result, this person died.

[Czarex]

Was the guy that got trampled, inside or outside the doors that were broken down?

[Oh_C'mon!]

I feel very sorry for this poor guy, but the legal system in our country never ceases to amaze me.

Even if Walmart had "created an atmosphere of competition and anxiety" and "engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem..." how does this equate to wrongful death? These claims can be applied to any number of different industries and entertainment, like professional sports. rock concerts or amusement parks. Will this standard apply to all of them?

What is the actual cause of death? Where is the law enforcement investigation into those individuals who barged the door and trampled this poor person? Shouldn't we hold those people accountable for this? Oh right... no money in it.

People don't kill people - Walmart kills people.

[Mike Miracle]

I say, sue them back to China where their loyalties lie.
And jail the politicians that offer tax incentive to have our jobs sent over seas.

What is this country coming to?
A dictatorship, thats what.

And the american sheep that are my countrymen sit by idly until only drastic action is taken.

This is a first step, take their profits and keep them in this country.

Thanks for letting me vent.
Mike

[Kristie Miller]

Dave Atkins, I don't think Maggie and Barry missed the point at all. I myself went into a Wal-Mart store in Louisiana on Black Friday. This particular store did not lock their doors, it did have us line up for tickets, and then we paid for our items in a separate department. There armed police officers throughout the store, and no one at that store was injured. I don't think anyone should hold Wal-Mart responsible when it was clearly the idiots trampling all over this man to get into the store. They were stupid, and they should be held responsible.

[Find Cheap Gifts on eBay]

I really don't understand why anyone would put themselves thru this anymore when you can find better deals online from the safety and comfort of home.

[Jon]

Hmm. Sue WalMart, the mall operator, the property owner, the security company, the local police... anybody else you can think of that you could squeeze some cash out of to ease the suffering? I'm sorry if this sounds cold, but sometimes you just have to deal with your loss and move on, not act like you've won the lottery and a loved one's death into a cash grab.

[Dave Atkins]

Kristie Miller your post reinforces my post. Some Wal Mart's anticipated the foreseeable result and prevented it. The Wal Mart in Long Island did not. So that management, for which corporate Wal Mart is responsible, was negligent.

Idiocy in crowds is predictable. The measures to prevent or foresall it are known. The people didn't randomly arrive in one place as idiots. They arrived as human beings and by being kept ignorant of when the doors will open and being reassured that products will be there for them, they became a mob.

One sues a corporation not to assuage pain, but as a deterrent to other companies about to make similiar rash decisions.

[Cookie1]

Dave, the store was supposed to open at 5am. What was the people's problem? I still don't see why it's Walmart's fault even if you say Walmart was supposed to provide adequate barricades, etc. Do we completely dismiss the fact that humans took another human's life? That is the main point in this. Those people made the conscious decision to storm the doors of that store. Walmart didn't tell them to do it.

[Just_my Thought]

So, only in America: Death @ Wal-Mart equals "hitting the lotto". Darn trial lawyers! This death is a very terrible terrible tragedy, however, suing Wal-Mart for wrongful death?? How will they spin that story? These sub-humans were greedy, ignorant and careless and now Wal-Mart has to pay. Im all for justice, but this isnt justice this is clearly someone's motive to get big money- the lawyer is NOT trying to set the precedent for all corporations going forward to take better precautions! They want a pay-day!! Go after the right people to get justice not the corporation with the big dollars. Americans end up paying for it in the end when the Corps try to save more money and take jobs oversees or raise prices. Get a clue! We need more Wal-Marts and less trial lawyers!

[Stephany]

I don't understand how some people can say that Wal-mart is not at fault. The managers inside the store saw the 2,000 people crowded outside and didn't call the police for crowd control. Then they had the employees try to push back the door, which put them in danger because 2,000 people were pushing on it from the other side. The Walmart is at fault because it didn't do everything in it's power to prevent a tragedy like this. Of course, the people who actually trampled the man should be punished as well and I hope the police are able to pinpoint and persecute very single one of them, but this can only be prevented in the future by hitting people where it hurts, in their wallets.

[Carrie]

I think they have every right to sue Wal-Mart. Any manager looking outside and seeing two THOUSAND people should have foreseen just how much crowd control was needed. Hell, how about them violating fire codes for being over the maximum capacity of bodies in the store. It *should* have been set up on some sort of a system where a hundred or two hundred (whatever) are let in, two come out and two more go in. Disgusting how desperate and cruel those in the stampede were. I just cannot understand how someone can step on or around a person.

Sue the crap out of them. I hope next year is far more orderly.