Wal-Mart Wrongful Death Lawsuit Filed by Trampled Temp Worker

The family of a temporary worker who was trampled to death at a Long Island Wal-Mart last Friday, has filed a wrongful death lawsuit against Wal-Mart, the shopping center and the company responsible for security at the store.

 
The Walmart wrongful death lawsuit was filed yesterday in the New York State Supreme Court in the Bronx by the family of 34 year old Jdimytai Damour, who died of asphyxiation when about 2,000 anxious shoppers broke through the doors and trampled him on November 28, 2008.

The shoppers were lined up for a pre-down sale on “Black Friday,” the day after Thanksgiving, at the Wal-Mart in Valley Stream, Long Island, New York.

According to the complaint, the family alleges that the death was avoidable and was caused by the carelessness, recklessness and negligence of Wal-Mart Stores, Inc., the shopping center Green Acres Mall, LLC, its owner Vornado Realty Trust and Securitas Services USA, Inc.

The Wal-Mart sale was heavily promoted and advertised in a manner designed to attract a large crowd, and the limited inventory available at bargain prices created “an environment of frenzy and mayhem,” according to the work injury lawsuit.

The family alleges that the defendants failed to account for overcrowding, failed to provide adequate security and failed to implement a crowd-management plan or properly erect barricades that could have prevented Damour’s death.

Nassau County Police Commissioner Lawrence Mulvey indicated that Wal-Mart had insufficient security to handle the crowd.