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Customers injured in crush suing Wal-Mart
CNN ^ | 02 Dec 2008 | CNN

Posted on 12/02/2008 1:43:54 PM PST by BGHater

Two customers are suing Wal-Mart for negligence after being injured in a mad rush for post-Thanksgiving bargains that left one store employee dead, the men's attorney said Tuesday.

Temporary Wal-Mart worker Jdimytai Damour, 34, was crushed to death as he and other employees attempted to unlock the doors of a store on Long Island at 5 a.m. Friday.

Attorney Kenneth Mollins said Fritz Mesadieu and Jonathan Mesadieu were "literally carried from their position outside the store" and are now "suffering from pain in their neck and their back from being caught in that surge of people" that rushed into the Wal-Mart.

New York Newsday reported that the Mesadieus are father and son, ages 51 and 19.

The lawsuit alleges that the Mesadieus' injuries were a result of "carelessness, recklessness, negligence."

In a claim against the Nassau County police department, the men also contend that they "sustained monetary losses as a result of health care and legal expenses ... in the sum of $2 million."

"This is a tragic situation that could have and should have been avoided with the exercise of reasonable care. There are very simple measures that could have been put in place to avoid this, such as barriers along the line to spread people out, extra security and a better police presence," Mollins said.

He said his clients and others who were at the scene contend that the police "were there ... saw what was happening, and they left."

Calls seeking comment from Wal-Mart Stores Inc. were not immediately returned.

Lt. Kevin Smith of the Nassau County Police Department said, "it's our policy that we don't comment on open litigations" and would not respond directly to Mollins and his clients' claim that officers left the scene.

(Excerpt) Read more at cnn.com ...


TOPICS: Business/Economy; Culture/Society; Government
KEYWORDS: lawsuit; stampede; walmart
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That was a given.
1 posted on 12/02/2008 1:43:54 PM PST by BGHater
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To: BGHater

Damn ambulance chasers............


2 posted on 12/02/2008 1:45:00 PM PST by cowboyway ("The beauty of the Second Amendment is you won't need it until they try to take it away"--Jefferson)
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To: BGHater

Time for a courthouse stampede.


3 posted on 12/02/2008 1:46:23 PM PST by Mojave (http://barackobamajokes.googlepages.com/obama_funny)
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To: BGHater

They have confessed to being part of the mob that killed the worker. They should be both be charge with manslaughter.


4 posted on 12/02/2008 1:46:46 PM PST by Above My Pay Grade
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To: BGHater

I hope Damour’s family sues the customers and gets whatever they get from WM. The very fact they were inured is prima facie evidence they were part of the crowd that killed him.


5 posted on 12/02/2008 1:46:55 PM PST by freedumb2003 (Der neuen Fuhrer: AKA the Murdering Messiah: Keep your powder dry, folks)
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To: Above My Pay Grade

Always nice to see great minds on these threads... ;)


6 posted on 12/02/2008 1:47:30 PM PST by freedumb2003 (Der neuen Fuhrer: AKA the Murdering Messiah: Keep your powder dry, folks)
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To: BGHater

Of course this is Walmarts fault. It is because they don’t have a union.


7 posted on 12/02/2008 1:47:44 PM PST by kezzek
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To: BGHater
This is a tragic situation that could have and should have been avoided with the exercise of reasonable care. There are very simple measures that could have been put in place to avoid this, such as barriers along the line to spread people out, extra security and a better police presence," Mollins said.

Not to mention people unwilling to act like savage animals. But I guess that's too much to ask for.

8 posted on 12/02/2008 1:47:51 PM PST by pgkdan ( All Catholics should know supporting Obama constitutes material cooperation with intrinsic evil.)
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To: BGHater

well with the security tape it should be easy to tell where they were and what they were doing.


9 posted on 12/02/2008 1:48:07 PM PST by mrmargaritaville
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To: BGHater

...of course they’re sueing...this is, after all...America...it’s what we do. How else could such fine men as John Edwards afford to run for President?


10 posted on 12/02/2008 1:49:05 PM PST by kjo
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To: BGHater

Wal*Mart is the money tree everybody wants to shake.


11 posted on 12/02/2008 1:49:20 PM PST by libh8er
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To: BGHater
..."carelessness, recklessness, negligence."

Sounds like Jackie Chiles is the lawyer.

12 posted on 12/02/2008 1:49:35 PM PST by Roccus (Someday it'll all make sense.............maybe.)
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To: BGHater

When my daughter was hit by a car getting off the school bus I had lawyers practically beating down my door the next day.

Speaking of which, has anyone seen the Silk Pony out canvassing the area? A lawsuit against Walmart might just be the ticket to get him in good graces with the DUmmies again.


13 posted on 12/02/2008 1:49:57 PM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: BGHater

Why not sue the idiots that crashed the doors?


14 posted on 12/02/2008 1:50:17 PM PST by madison10
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To: BGHater

Ah, yes. The ubiquitous and totally unconfirmable “pain in the neck and back.”


15 posted on 12/02/2008 1:50:45 PM PST by lady lawyer
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To: BGHater

You knew this was coming.

On the night it happened i was listening to the mark levin show on WABC, and during the news break there was mention that “inadequate security” was being claimed.

Litigation: The National Pastime


16 posted on 12/02/2008 1:51:12 PM PST by Canedawg (The media is a ass, a idiot.," said Mr. Bumble.)
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To: BGHater

The lawyer just told Cavuto that if he could see to it this would never happen again, he waives his fee.

Anyone who believes that, stand on your head.


17 posted on 12/02/2008 1:51:40 PM PST by Petronski (For the next few years, Gethsemane will not be marginal. We will know that garden. -- Cdl. Stafford)
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To: freedumb2003

Not for nuthin’

but Walmart set up a failure in the making. They did it poorly. the previous black friday, the crowd bent the doors in and almost broke them down. this year they succeeded. although the people were animals, WALMART should be the ones liable.


18 posted on 12/02/2008 1:51:48 PM PST by Vaquero ( "an armed society is a polite society" Robert A. Heinlein)
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To: BGHater
I hate to state the obvious, but what do you think the voter-mix was of the stampeders?

Likewise, deep pockets (aka, Wal-Mart, etc.) ALWAYS attract ambulance-chasers, and I agree totally with the post above that the family of the dead employee who was crushed by these idiots should sue for all the money the two "neck injury" victims are given by some lottery-like-winnings a jury will probably award the two stampeders.

19 posted on 12/02/2008 1:52:03 PM PST by traditional1 ("The American presidency is not supposed to be a journey of personal discovery")
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To: freedumb2003

Maybe the lawyer would have been happy to see the police treat the mob as it should have been treated; with tear gas & truncheons.

Reminds me of why I NEVER shop the day after Thanksgiving. I’ve got leftover turkey to eat, college football to watch, and naps to take. I’m far to busy to go fight with mobs of strangers.


20 posted on 12/02/2008 1:52:15 PM PST by henkster (It's time for a conservative "long march through the institutions.")
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