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 ...
Damn ambulance chasers............
Time for a courthouse stampede.
They have confessed to being part of the mob that killed the worker. They should be both be charge with manslaughter.
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.
Always nice to see great minds on these threads... ;)
Of course this is Walmarts fault. It is because they don’t have a union.
Not to mention people unwilling to act like savage animals. But I guess that's too much to ask for.
well with the security tape it should be easy to tell where they were and what they were doing.
...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?
Wal*Mart is the money tree everybody wants to shake.
Sounds like Jackie Chiles is the lawyer.
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.
Why not sue the idiots that crashed the doors?
Ah, yes. The ubiquitous and totally unconfirmable “pain in the neck and back.”
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
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.
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.
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.
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.
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