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 ...
There is no question in my mind about that. WM will probably just offer the family a few million (13 seconds profit).
The others who were hurt might get something, too. And, as I stated, I hope the family then goes after them and gets it all.
1 guess what they’ll have in common with the jury.
The clientele of this Walmart includes all the vermin of South Jamaica and Far Rockaway in New York City’s public housing.
These low lifes and their shysters have a long tradition of bogus litigation. 100% Obama voters.
I’ll bet the farm that almost all of the coming army of litigants in this case were (A) Never there/never injured, or (B) the soulless tramplers of the unfortunate young security guard.
“I believe it!” Lionel Hutz, Esq.
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.
You’ve got to be kidding, the people broke the doors in. What was Walmart supposed to do, build stronger doors? Hire National Guard troops in riot gear, to keep people back? How about the favorite serpentine single file rope line, that makes customers back up several hundred yards, snaking around the parking lot? That way if someone catches cold, gets run over by a shopping cart or car, or gets mugged, WalMart can be sued for that.
The solution, first get rid of all lawyers, rewrite laws so they need no interpreters, then root them out from our civilization.
Set up a fake WalMart storefront at the edge of a large cliff. Send these idiots notices that $59 Blu-Ray players will go on sale there Thursday at 7AM sharp. First come, first served.
Problem solved.
John Edwards was right behind the ambulance running at full speed...???How are they going to do socialized medicine if the lawyers can not sue???
You are so right. I spent all day Wednesday and Thursday cooking and cleaning for my children and grandchildren. My husband, God Bless him, cleaned up the entire kitchen and washed all the dishes and put all the food away. On Friday, I just sat back, relaxed, watched TV, and did absolutely nothing. It was a wonderful feeling to know that I wasn’t out with the mobs that Friday.
Wal-Mart should be liable here. They created conditions designed to create a mad rush like this (very few highly discounted and well advertised products sold on a first-come, first-serve basis instead of through a lottery or something), knew from past years that the crowd would get unruly, and still did little to control it. I think many of these lawsuits are BS, but this seems to be a clear case of negligence. Though I would probably limit damages since part of the blame lies with the victims, who had to be aware there were risks involved in joining a crowd like that.
you cannot sue yourself
In all likelihood, this is a Workmens’ Compensation case, and WalMart won’t pay millions.
ding ding ding
I hope the young man’s family is taking note of the names of these people; so they be sued for killing him.
I find this especially true in that the mob broke in before the guy got the door open.
You are very narrow minded. ALL stores had Black Friday sales. Because of the crowd at this store, it may be because that Wal*Mart sold their products at a lower cost and your are aware that people are trying to stretch their dollars further. Bet Macy’s didn’t have that big of a crowd.
It’s WalMart’s fault for having created an unsafe situation and doing nothing to to guarantee shopper and worker safety.
Wal-Mart knew they would attract this sort of crowd and still failed to take reasonable steps to control it. Obviously they should be liable to the family of the employee who was killed, and probably to members of the crowd who were significantly injured, too.
A nice theory, but not a legally sound one.
This, on a conservative forum. :(
Explain legally sound to me. LOL
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