Wal-Mart Sued Over Stampede Death

Family Of N.Y. Man Trampled To Death By Mob On Black Friday Also Suing Mall, Police Dept.

(CBS/AP)  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, the store "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."

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

Attorney Jordan Hecht, who represents the family of Jdimytai Damour - the 34-year-old employee who died of asphyxiation after being crushed by the crowd - said lawsuits are also planned against Nassau County and its police department. County Attorney Lorna Goodman contended: "The county has no liability in situations of this kind."

The lawsuit was filed Wednesday in state Supreme Court in the Bronx, the home of one of the victim's sisters, Elsie Damour Phillipe, the court-appointed administrator of his estate. It does not seek specific damages.

Damour, a hulking 6-5, 270-pound man, had been hired by an employment agency as a temporary worker at the Wal-Mart store and was on the job about a week when he died, the family's lawyer said.

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. He was killed when the crowd broke down the electronic doors in frantic pursuit of bargains.

"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," Police Commissioner Lawrence Mulvey said earlier this week.

Police are reviewing store video to identify possible suspects in Damour's death, but Mulvey conceded the likelihood that anyone will be held criminally liable is slim.

Alicio Sgro, a 14-year-old who was at the store, told WCBS-2 in New York that one person in line broke her arm in a rage as they waited for the doors to open.

She said police made no arrests and the store had inexperienced people making things worse.

"They had five Wal-Mart employees dressed in normal clothing and the way they were talking to the crowd … they were cursing and acting bad to the crowd," she said.

At least four other people were treated at hospitals, including a woman who was eight months pregnant. Mulvey said it was apparent to him that the Wal-Mart store 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 responsibility of the merchants.

Shoppers around the country line up early outside stores on the day after Thanksgiving in the annual bargain-hunting ritual known as Black Friday. It got that name because it has historically been the day stores broke into profitability for the full year.

The National Retail Federation believes Damour is the first store worker to die on the job in the post-Thanksgiving rush. A private funeral service is planned, Hecht said.

[liebchen21]

Gee, didn''t see that one coming.

[yeswedid]

GET THEM FOR EVERY LAST PENNY!

[georgew1956]

what a bunch of dum a@@ under me here . have a car wreck and sue the dealer they have camera''s everywhere and know who they were that broke the door down sue the new yorkers wal-mart was giving discounts to the mobsters.

[demdump]

Walmart should let people in line 1 at a time, but hey get them every penny so they can stop import cheap stuff from China.

[georgew1956]

not u lady

[bbasso-2009]

this stampede was sooo stupid over things that dont amout to NOTHING!!!
whoever did this was soo immature!!!
srry! to the family!!

[myopinion80]

Why are people sooooo sue-happy?!? Is it going to bring their loved ones back? No. It was a tragic accident. I''m sure after this accident, Wal-Mart is going to "revamp" their security (or lack of) system for next Black Friday. Better yet- let''s do away with Black Friday all-together! It''s soooo unnecessary. People are acting that complete animals to save 20 bucks on an item- come on! Switch it to online sales and that''s it.
I''m sad for the family that has lossed their loved one over such carelessness.

[blessednavym]

Our Prayers go out to the family & friends of Jdimytai Damour. It''s a sad day when we think of ourselves rather then others. Those same people who KILLED for items they will be returning on Dec. 26 know who they are and God knows who you are May God have mercy on your souls for such a senseless act of MURDER. May God Bless us all. Navymom

[murrowseye]

"This is why the economy is going down and people are losing jobs, frivolous lawsuits such as this one. I certianly hope the court either throws it out for lack of merit or sides with WalMart. I for one do not want to pay more for the things I purchase!

Posted by lady_organs"

I hate frivolous law suits also, but some merit of justice has to be done here. God forbid though you should have to pay one penny more at Walmart. Ok then, we''ll just arrest the shoppers for manslaughter and the store management and CEO of Walmart for accessory to manslaughter.

[mytoosense]

They say sue the one with the most money.

In this case they hit the motherload!!!!

Family Sad, Lawyers HAPPY!!!!!

[reelamerican]

In near record time...6 days! I would imagine the family almost suffered a second tragedy when they were nearly trampled to death from the herd of am''blance chasers looking to sooth the family''s sorrow......I feel like Michelle Obama....for the first time in my adult life I am proud to be ''Mercan.

[murrowseye]

"I hate frivolous law suits also, but some merit of justice has to be done here. God forbid though you should have to pay one penny more at Walmart. Ok then, we''''''''ll just arrest the shoppers for manslaughter and the store management and CEO of Walmart for accessory to manslaughter.


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Posted by murrowseye
==========================
Wal Mart should fine his family for obstructing the aisle.

Posted by lady_organs"

You are so kind. Do not worry, Walmart probably docked his wages for the day for not clocking out.

[mollydtt]

The stores, themselves, try to whip the public into a frenzy--"Get here, be the first, only the first 10 get the prize....." And then they wonder why people turn into animals.
Personally, I''ve never participated in the American sport of Black Friday frenzy, but I especially wouldn''t do it if I were 8 months pregnant.
I guess I just don''t feel like dealing with hyped-up, frenzied crowds. But that''s just me.

[tipsyinct]

Is it going to bring their loved ones back? No. Posted by MyOpinion80

You are a complete moron. No one EVER sued to get their loved ones back. Do you NOT have any sense of people, companies, organizations, businesses, professionals ALL having a responsiblity? When you fu(k up, when YOU CAUSE the death of another person or people, YOU MUST be held responsisble! Laws and penalties help to ensure that people/businesses/professionals do NOT act irresponsibly. You are totally ignorant and blind.
Posted by ThinTheHerd2 at 03:48 PM : Dec 03, 2008

actually I think its a fair question, because they are absolutely going to lose this case 1: because Wal-mart shares no reponsibility in this mans death, the people who stomped him to death are responsible, and even though there''s no way to prove exactly who in that crowd stepped on him, those people know, its hard not to notice a body beneath your feet. and 2: even if a company can be responsible for a death simply because they were location at which it happened(which they can''t) they have much better lawyers than any security guard''s family.

[jckbrn-2009]

It''s simple - - close that store ! ! ! !
Let those idiots shop in the next town ! ! !
What fools - - -
Next - - -

[gowerd]

I hope the family sues Wal-Mart for not providing proper security and crowd control. This young man lost his young life by a crowd of barbarians. While his family is grieving I hope the non-humans who did this will remember this when they give their family or loved ones their precious gift and wish each other a Merry Christmas!!! I hope the store bans Black Fridays so this never happens again, but greed and money takes precendent.

[notfooled]

Employers are responsible for protecting employees at the job site. They are responsible for setting up safe work environments.

Apparently Wal-Mart failed in its procedures for handling such large crowds and failed to plan properly for such an onslaught of customers and are responsible for setting up the conditions by which the customers were allowed to get out of control.

To those that think this lawsuit is frivolous - you are simply ignorant.

[tipsyinct]

No one can be held responsible in this situation, it sucks, but you can''t prove who actually stepped on the guy and wal-mart can''t be held resonsible for a death just because the happened to be the location of it

[murrowseye]

"You think anymore of these stores will be adverstising these sales as "Door Busters" anymore?

Posted by dmcar2000

there will be a red tag special in aisle 6, followed immediately by a funeral.

Posted by jgg0003"

Funerals are expensive, minimum wage employees are cheap for Walmart. This store should be emptied of people and then razed to the ground. It can only stand as a monument to greed and is tainted by the tragic death now.

[myopinion381]

For the first time in my life, I actually went shopping on Black Friday. Fortunately, I didn''t get up early. I waited until after breakfast then went to the mall. Not alot of people. Pleasant to shop. Although I feel very bad for the family, suing the store is not going to help. It is the fault of the people that stomped him to death. Unfortunately they will never know who that was.

[presjfk]

What a surprise, someone is suing Wal-Mart. I can imagine the stampede of lawyers chasing the ambulances after the event. Too bad there weren''t any casualties among the throng of lawyers that must have been there.

[presjfk]

Funerals are expensive, minimum wage employees are cheap for Walmart. This store should be emptied of people and then razed to the ground. It can only stand as a monument to greed and is tainted by the tragic death now. Posted by murrowseye

Yeah, I see fault on the part of Wal-Mart. But most of the blame belongs to the people that trampled the guy to death.

[murrowseye]

"do you not think, wish, hope that people out christmas shopping would be civilized enough not to stomp somebody to death?

Posted by jgg0003"

Some people have no idea what Christmas is all about, whose birth is celebrated and why that is important. The act of the three wise men has been perverted beyond all meaning.

[tipsyinct]

Holy $h1t you total ignoramous - get the fu(k off this site, you have NO IDEA what you are talking about!!!!
Posted by ThinTheHerd2 at 04:03 PM : Dec 03, 2008

Actually I do, I happen to be a corporate lawyer and I know they have no legal grounds on which to base this case. You can''t sue somebody for advertising to much. Legally speaking, only the people in that crowd(not even the whole crowd) that stepped on the man are responsible for his death, its a tragedy, but so will our legal system be if the family wins this case.

[lancearmstng]

notfooled- Ignorant? that assertion you made is ignorant.

If anyone should be penalized it should be the town, not Wal-Mart. How can you accuse a store of a murder when it was the savages on the other side of the door that commited the act.

Reward money should come from the taxpayer money rather than the company that is supplying jobs for the neighborhood.

I can''t believe you are actually siding with the savages who broke through the glass doors and committed the act as opposed to store that it occured in.

If there is a riot outside and someone breaks through the store front and kills an employee, who is to blame? Congratulations, you announced to the world that you side murderers, however negligent they may be.

[murrowseye]

"Yeah, I see fault on the part of Wal-Mart. But most of the blame belongs to the people that trampled the guy to death.

Posted by presjfk"

There is plenty of blame to go around on both sides.

[pooh6299]

You can tell most customer in that walmart are black, they got no money, so only thing they can do is sue Walmart.

I wish people in that city has more education, the time you spend stand in the line.....cost more than "Black Friday" product value.

They should arrest first 50 people rush in the store

[lancearmstng]

other than the fact that wal-mart did not arm their employees with riot gear, how are they to blame?

the crowd literally broke into the store through the glass doors.

it''s like if a burgler was attempting to break into a home and falls through the sun roof and breaks his leg. He should be allowed to sue the homeowner right?

[notfooled]

lancearmstng - yes ignorant and stupid best describes condoning tactics that whip the crowd into a frenzy and then failing to protect workers.

You would excuse Wal-Mart for setting this situation up and failing to protect its workers.

and no one is siding with or protecting the morons that actually got out of control - they should all be prosecuted right along with Wal-Mart.

[antoniof123]

You people are unbelievable did any one read the story. This man was not trained for crowd control he was just big. Plus Wal-Mart employees out side insiting the crowd. This is madness, what idiot would come up with this.

People when you have large crowds you need to have crowd control and that is for everyone. If they are not trained and something happens it will be the fault of the owner.

That is really just the way it is and if Wal-Mart is smart they will not fight it they will settle out of court. More people are getting mader mader at it is the persons fault and big business can do no wrong attitude. So if it goes to trial they will most likely lose.

[yeswedid]

You can tell most customer in that walmart are black, they got no money, so only thing they can do is sue Walmart.

I wish people in that city has more education, the time you spend stand in the line.....cost more than "Black Friday" product value.

They should arrest first 50 people rush in the store

Posted by pooh6299 at 04:12 PM : Dec 03, 2008
---------------------------------
Judging by your well-written comment, you sound quite educated ''pooh''...

[murrowseye]

"Did we not see this coming..."

Posted by demswin08"

What I saw coming was that someday the "Black Friday" greed feed would cause a death. I knew someone would get killed. I just figured it would be a shopper killing a shopper over a beanie baby or something.

Wow! That was fast. Have they even buried the poor guy yet? Maybe have the funeral first, take a few days to grieve a little, then take a few weeks to shop for the best attorney. Maybe even look for some financial help from the angry public because suing Walmart is going to take a lot of time and cost a lot of money.
Walmart''s own internal memo penned by a corporate VP revealed that 43% of their fulltime employees are on welfare and food stamps. They don''t care about their employees. They see people as mere commodities they can replace at will.
This tragedy was predictable. Had Walmart taken as much care to protect their employee as they do to prevent theft of their merchandise that man would be alive today.

[patrik1974]

Wal-Mart created the environment that allowed this tragedy to occur; this is why this man%u2019s family is suing them. Wal-Mart would be able to sue those found responsible for this act in civil court as well, which I suspect they will do. Anyone who thinks this is a frivolous lawsuit, does not know what a frivolous lawsuit is.

[xxunknown]

You can tell most customer in that walmart are black, they got no money, so only thing they can do is sue Walmart.Posted by pooh6299
--------------------------------
Seriously?

[xxunknown]

Wal-Mart created the environment that allowed this tragedy to occur; this is why this man%u2019s family is suing them. Wal-Mart would be able to sue those found responsible for this act in civil court as well, which I suspect they will do. Anyone who thinks this is a frivolous lawsuit, does not know what a frivolous lawsuit is.
Posted by patrik1974
--------------------------
I agree with you. Something should have been done proactively.

[murrowseye]

"... if Wal-Mart is smart they will not fight it they will settle out of court. More people are getting mader mader at it is the persons fault and big business can do no wrong attitude. So if it goes to trial they will most likely lose.

Posted by antoniof123"

Yes, most likely they will settle out of court to make all the bad publicity go away during the holiday shopping season.

[winsors1]

Nothing we say about this sitiuation is going to change what happened. And a Law Suit is just another example of who we are as people. The only thing that we can do, is change as peoople. If we weren''t so greedy, selfish, insecure and outright disrespectful of each other this would have never happened! WE talk about the greed in others but look at how one mans life was lost because of the greedyness of that mob!!!!
If anyone should be sued it should be every single person that caused that mans death!!!!

[tipsyinct]

Wal-Mart created the environment that allowed this tragedy to occur; this is why this man%u2019s family is suing them.
Posted by patrik1974 at 04:23 PM : Dec 03, 2008

You can sue anybody for anything, that doesn''t mean they will win, mainly because they are wrong. This is a lawsuit forged out of grief and the need to blame somebody, if it will make them feel better to try I say more power to them, but it wont amount to anything.

[yeswedid]

What''''s funny is that every year (specifically meaning Black Friday), there will be a headline in the major (if not all the major outlets) a major news outlet that someone got trampled--poopnuts1111
-----------------------------------------
There''s nothing funny about the NEED for GREED in this country...it''s absolutely despicable.

[xxunknown]

I would rather die than shop on Black Friday. ::Shudder:: Oh wait....

[murrowseye]

Dear CBS News:

Your homepage has a link from this story to your CNET holiday shopping guide. TACKY! Get it off!

[tipsyinct]

I would rather die than shop on Black Friday. ::Shudder:: Oh wait....
Posted by xxunknown at 04:28 PM : Dec 03, 2008

LMAO!! Too soon! Too soon!

[walt1944-2009]

I know people who worked for and still have to work for Wal-Mart and I hear nothing but horror stories from them about how they are treated by customers and by management personnel.

Under constant pressure from the greedy corporate executives at headquarters to have their stores make as large a profit as they can, store managers "bend" a lot of rules to push the associates into situations that are dangerous and for which they aren''t trained, all to save money. A lot of associates are actually ordered NOT to punch in, but start work immediately, and punch out early but keep working.

I''ve seen associates have to lift heavy boxes with no back braces, heard cashiers complain that they are "chained" to their registers for 4-5 hours with no break, and get chewed out by angry customers because something was out of stock and the store manager had conveniently disappeared.

My daughter worked at a Wal-Mart for 2 years and she was glad she left!

SIG HEIL, I LOVE CORPORATE AMERICA!!!, BUSH!!!

[xxunknown]

What''''''''s funny is that every year (specifically meaning Black Friday), there will be a headline in the major (if not all the major outlets) a major news outlet that someone got trampled--poopnuts1111
----------------
-------------------------
There''''s nothing funny about the NEED for GREED in this country...it''''s absolutely despicable.
--------------------------------------------------------------------------------
Posted by yeswedid
-------------------------
I dont think poopnuts meant "ha ha" funny. But I agree with you. The greed in the U.S. astounds me.

[tipsyinct]

Dear CBS News:

Your homepage has a link from this story to your CNET holiday shopping guide. TACKY! Get it off!
Posted by murrowseye at 04:29 PM : Dec 03, 2008

repectfully i disagree, if more people shopped online this wouldn''t have happened, think about it.

[swingset4u]

Anyone who thinks this is a frivolous lawsuit, does not know what a frivolous lawsuit is.

Posted by patrik1974

Thats right! A frivolous lawsuit would be some jacka$$ suing the tobacco company for addiction and cancer. Now thats frivolous!

[swingset4u]

repectfully i disagree, if more people shopped online this wouldn''''t have happened, think about it.

Posted by tipsyinct

I agree! I pretyy much do ALL my holiday shopping online. He*ll I cannot even STAND to go into a Walmart on a weekend day!

[quickphil194]

No, the family is suing for the money, not the "tragedy." Since he was a worker, the family might only have workmen''s compensation benefits. This suit is nothing for wal-mart, petty cash.

[lancearmstng]

antonio, i don''t want to argue with you because i agree with most of what you said but no one is blaming the victim and claiming a corporation can do no wrong attitude.

You have to look at the situation for what it is. Race, ethnicity, etc. means nothing (on behalf of the victim). However, this Wal-Mart is in not the greatest of towns with demographics changing rapidly. The crowd that caused this has to be held at much more fault than wal-mart.

View it this way. If the store in question wasn''t a chain and the world''s largest retailer would there be such vigor in the argument to punish them? Absolutely not. Wal-Mart is an easy target and for all the "horrible things" they do in the world they also provide a cheap product for the majority of this self-indulgent country.

Wal-mart should be fined by the State, at most and if anyone is prosecuted it would have to be the savages that actually committed the crime.

I guess you can also blame Wal-Mart for not putting up a sign saying "Attention all Green Acres Mall Shoppers, DO NOT ACT LIKE YOURSELVES! You are interacting with civil beings when you leave your home. It is not appropriate to create a stampede and not only trample someone, but do it to the point that you''ve killed. If it is that big of a problem for you we will mail you your Lil Wayne cd in the mail. Please also note that if someone smudges your new sneakers it is not acceptable to stab them. Thank you and enjoy your shopping experience."