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.

[lostinoz]

stop blaming the shoppers, or the workers. It isn''''t anyone''''s fault! I''''m sorry for the family, losing someone is the most difficult thing in the world, but it was an accident! It''''s as simple as that.

Posted by kaycrawf at 02:41 AM : Dec 05, 2008

I am sorry to disagree with you on this one.. Yes, it was someone%u2019s fault! The inconsiderate moron that pushed this man down just to be the 1st in line to what ever discount they were looking for, and the others who looked the other way and instead of helping this man out, lending a hand to a fellow human being and just stepped on him too are at fault. If these people (if you can call them People) would have been a human beings.. This man would be at home with his loved ones this very evening.. A simple accident would be getting hit by lightening, ran over by a heard of Elephants, or an earthquake hitting and the ground cracks open under your feet%u2026 Not getting trampled to death by the most intelligent creatures on Earth.. Sad to say but, these folks know who they are and what they did.. They will have to live with this the rest of their lives. I just hope every time they look at their loved ones, they Thank God above they never meet people of their character and morals, and end up on the floor of some dept store floor being stomped on for a bargain%u2026

[tipsyinct]

You''''re all missing the point . . . we''''ve become animals with little concern for others! None of you will even remember this unfortunate guys name in another week.. . . nor will I. . .sadly!!
Posted by bodes123 at 05:39 PM : Dec 04, 2008

I never knew it in the first place, nor did I care to. If I tried to memorized everybodies name who I heard died, my brain would explode. And if I grieved over every loss that humanity suffers my heart would explode, sometimes its best not to care and leave that to people who were close with the person.

[kaycrawf]

We have become careless of how our actions harm the people around us. IT IS NOT WAL MART''S FAULT! How could it be their fault? They didn''t tell the shoppers to trample the poor man, but someone doesn''t always have to pay for a tragedy! YES I HAVE LOST SOMEONE VERY CLOSE TO ME! But I never, not once made someone pay for it, I never blamed someone else for it. Fact of the matter is that no one meant to kill that man, those shoppers were simply being unaware of what was about to happen. So please, stop blaming everyone! Stop blaming wal mart, stop blaming the man for not getting out of the way, stop blaming the shoppers, or the workers. It isn''t anyone''s fault! I''m sorry for the family, losing someone is the most difficult thing in the world, but it was an accident! It''s as simple as that.

[kaycrawf]

We have become careless of how our actions harm the people around us. IT IS NOT WAL MART''S FAULT! How could it be their fault? They didn''t tell the shoppers to trample the poor man, but someone doesn''t always have to pay for a tragedy! YES I HAVE LOST SOMEONE VERY CLOSE TO ME! But I never, not once made someone pay for it, I never blamed someone else for it. Fact of the matter is that no one meant to kill that man, those shoppers were simply being unaware of what was about to happen. So please, stop blaming everyone! Stop blaming wal mart, stop blaming the man for not getting out of the way, stop blaming the shoppers, or the workers. It isn''t anyone''s fault! I''m sorry for the family, losing someone is the most difficult thing in the world, but it was an accident! It''s as simple as that.

[bodes123]

You''re all missing the point . . . we''ve become animals with little concern for others! None of you will even remember this unfortunate guys name in another week.. . . nor will I. . .sadly!!

[tipsyinct]

AnitaY417: You certainly have the right to call this tragic incident, whatever you want...however, I''''d like to see you tell the family of the man who died, that sh*t happen, and to deal with it. Then, if your opinion remains that same, I''''d say that you''''re either very young, have some psychological issues, and/or have never felt the pain of losing one who you love.
Posted by tireslinger at 12:38 PM : Dec 04, 2008

I''ve said this on this site before, law and feelings can''t and shouldn''t mix, this has nothing to do with the grief of this family, its about who is at fault, nothing more.

[tipsyinct]

Then why wasn''''t McDonalds held liable for the people that were ran down on their parking lot??
It''''s all about the money? Name 1 business that isn''''t ALL about the money!!
Posted by nghtcase at 08:29 PM : Dec 03, 2008

I agree with you that every business is ALL about money, but just to answer the McDonalds question, a lot of those companies own the building that the business is in, but not the land that its on, so while they would be liable for anything that happened in the McDonald''s itself, as soon as you step in the parking lot you are no longer their responsibility.

[misogynist10]

This could be a minor setback in the bonus money given to the store manager. But there is always next year.

[cwbyht]

If the people in line would have acted like mature adults... - posted by chelokee

Uh... we''''re talking about Wal-Mart customers.


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Posted by Avigil2 at 07:10 PM : Dec 03, 2008

A prime example of what causes things like this to happen. A lack of civilty in this country . People labeling and sterotyping others. Not seeing them as the fellow humans they are.M akes it all the easier to stomp them.

[tireslinger]

AnitaY417: You certainly have the right to call this tragic incident, whatever you want...however, I''d like to see you tell the family of the man who died, that sh*t happen, and to deal with it. Then, if your opinion remains that same, I''d say that you''re either very young, have some psychological issues, and/or have never felt the pain of losing one who you love.

[cwbyht]

Dovestar, you have interesting idea of standards. I guess a human life meant something before 1962, if you were white.

Posted by enlightenu at 05:46 PM : Dec 03, 2008
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Great post


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Posted by yeswedid at 06:06 PM : Dec 03, 2008


Ah yes, it''s the white mans fault! I expected it wouldn''t take too long, to bring that into the picture!

[butterfly362]

I think they should get the store security tape and see who was the PERSONS whom was taking the doors apart and show their faces on NATIONAL TV and THOSE people should be sued or atleast be liable

[lostinoz]

This is crazy.. What kind of world do we live in now? Wal-Mart has cameras, they need to be reviewed and put the blame where is belongs! Wal-Mart Has the right to discount anything after all that is what everyone asks for.. discounts!.. Even though in our time now, I understand the law suit%u2026 But the blame shifting is really going to far.. Whom ever shoved this employee down and whom ever did not help this person up instead of stepping all over them needs to go to jail for Assault and possible murder!!

[fredflinsto2]

Maybe this will teach Walmart that there is more inportant things in life than turning a buck. I hope the family gets millions and millions

[k9sr4me-2009]

wow - he was 6''5" and 270 lbs - can you imagine what this crazed crowd would have done to a puny little guy? there would have been nothing left of him. i''m all for the family suing the wally giant. if it were my son, husband, brother, etc. i''d do the same thing. the public has to learn respect and restraint (yeah, right - never happen).

[rixmix98]

Centerfalls94 and others who are pushing to have the rest of us (stockholders and customers) pay rich lawyers are

1 - Union members ticked off at Walmart because they can''''t force their way in, or

2 - members of ATLA (Association of Trial Lawyers of America)

Posted by ritewingman at 08:12 AM : Dec 04, 2008



That is just about as dumb as...oh wait it''s you.

[feedback3-2009]

Humanity should be sued for a willingness to stomp someone to death to get at WalMart c-r-a-p faster.

[nikkicatt1]

I have seen WalMart blamed til I can''t take it anymore!! What happened to PEOPLE being responsible? The store manager hired this man - not "WalMart". It was his/her job to make sure the best employees are hired and trained. The PEOPLE who were in front yelling and cursing the shoppers are responsible - not "WalMart". It is time that we quit living in the United Corporations of America and make PEOPLE responsible for their actions. SUE the store manager, the people cursing the customers, the CEO and the head of Human Resources.

[whiskyrokr]

I hope they sue the he** out of Wal-Mart and press charges against anyone who stepped on this poor guy going into the store. As they were stepping on him they were probably thinking this is what X-mas is all about. ****ing idiots!

[earache4]

Sue the farm for killing the farmer, but don''t sue the sheeple....baaaah..d idea....