Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Trampled Man's Family Sues Wal-Mart
AP via AOL ^ | December 3, 2008 | Frank Eltman

Posted on 12/03/2008 9:31:55 PM PST by FoxInSocks

GARDEN CITY, N.Y. (Dec. 3) - 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, Wal-Mart "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."

<snip>

In addition to the retailer, the adjacent Green Acres Mall, a realty company that manages the property and a security company hired to patrol the property were all named as defendants.

<snip>

Police are reviewing store video to identify possible suspects in Damour's death, but Mulvey conceded that criminal charges are unlikely.

<snip>

Hecht said Damour's family also plans to file lawsuits against Nassau County and its police department.

<snip>

The lawsuit against Wal-Mart and the other companies 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.

<snip>

(Excerpt) Read more at news.aol.com ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: walmart
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-76 next last
Jeez, is the guy even in the ground yet? Quite the laundry list of defendants in this case. They're sure to hit the jackpot with this shotgun approach. Yes, it was a terrible incident, and I don't mean to sound callous -- but it happened five days ago.

Wal-Mart likely has legal liability, but I still insist that the fault lies with all the animals who rushed through the doorway.

It's pathetic that all the talk immediately after the incident was focused on liability and the possibility for a lawsuit. What a country. I think no one is at all surprised.

1 posted on 12/03/2008 9:31:55 PM PST by FoxInSocks
[ Post Reply | Private Reply | View Replies]

To: FoxInSocks
Wal-Mart likely has legal liability

Why?

2 posted on 12/03/2008 9:33:20 PM PST by krb (Obama is a miserable failure.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FoxInSocks

No one saw this coming.


3 posted on 12/03/2008 9:34:17 PM PST by adm5 (YOU CANNOT FIX CAPITALISM WITH SOCIALISM! -Glenn Beck)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FoxInSocks

We saw this coming a mile away.

* sheesh * What took them so long? :eyeroll:


4 posted on 12/03/2008 9:35:16 PM PST by Shelayne (Pray without ceasing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: krb

The Family should be suing the animals that trampled the guy to death... place blame where it belongs. oh wait... those animals don’t have deep pockets.


5 posted on 12/03/2008 9:36:01 PM PST by Ancient Drive (will)
[ Post Reply | Private Reply | To 2 | View Replies]

To: FoxInSocks

Wal Mart should not be sued. The dirtbags that broke through the doors should be brought to justice. I am sure they are on camera. But those dirtbags don’t have the deep pockets that Wal Mart has, nor would it be politically correct to bring the real perps to justice for fear of riots.


6 posted on 12/03/2008 9:37:03 PM PST by b4its2late (Ignorance allows liberalism to prosper.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FoxInSocks

RE :’Wal-Mart likely has legal liability, but I still insist that the fault lies with all the animals who rushed through the doorway.’

I normally stick up for WM and against lawsuits but I can see where WM created the situation, even though that is hindsight and it hasnt happened before this. I think that means WM will settle.


7 posted on 12/03/2008 9:37:04 PM PST by sickoflibs (Obama says: "I only need to buy 40% of voters with handouts and trick another 11%")
[ Post Reply | Private Reply | To 1 | View Replies]

To: FoxInSocks

My prediction is Wal-Mart will settle for an “undisclosed amount”, and it will be seven figures.


8 posted on 12/03/2008 9:38:33 PM PST by KoRn
[ Post Reply | Private Reply | To 1 | View Replies]

To: KoRn

WalMart should pay for this one, who else is there to blame? You put blame on the guy in front for bumping him over? what about the other 100 people pushing behind him? Lines should have been set up, and precautions should have been taken by walmart.


9 posted on 12/03/2008 9:40:40 PM PST by Edizzl79 (you want my guns..come and get em...I dare ya....)
[ Post Reply | Private Reply | To 8 | View Replies]

To: krb

I pass a billboard every day that advertises “who do I sue”. com.

In my mind, the fault lies with the humans turned animals that caused this. But do you prosecute the animals at the back of the herd..or the ones at the front?

the fact that mankind has come to this point is scary..very scary.


10 posted on 12/03/2008 9:41:23 PM PST by berdie
[ Post Reply | Private Reply | To 2 | View Replies]

To: FoxInSocks
I heard on the news today that the owner of the venue (Wal-mart, in this case) is responsible for crowd control. They didn't do it.
11 posted on 12/03/2008 9:42:15 PM PST by ItsForTheChildren
[ Post Reply | Private Reply | To 1 | View Replies]

To: krb
Why?

Well, WalMart does have to provide a safe workplace for employees. Most states have basic labor laws on the books to that effect.

At the very least they should have setup a lottery system or a queue outside the store to ensure an orderly influx of customers, and not 200 people beating down a door trying to all get in at once.

I'm not one to promote Gov't to tell them how to run their business, but there are some basic measures they could have taken to ensure a safe environment for both worker and customer. There is liability there.

I also think the suit's stance that the bargains create a utter riot situation is probably a lawyer gimmick to use the generally anti-capitalist / WalMart media as an ally to their advantage.
12 posted on 12/03/2008 9:42:40 PM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 2 | View Replies]

To: krb
Why?

Speaking from a legal standpoint, mainly because it happened inside their doors.

I wouldn't necessarily agree, from a moral point of view, but I won't be surprised if that's the jury's determination and they decide to teach Wal-Mart a lesson. Fat chance of getting that far, though -- a jury would probably award $10 gazillion.

13 posted on 12/03/2008 9:42:45 PM PST by FoxInSocks (B. Hussein Obama: The Paucity of Hope)
[ Post Reply | Private Reply | To 2 | View Replies]

To: krb

In this case, I’d say that Walmart does share the blame. They fostered the whole crazed shopper atmosphere including using the terminology ‘blitz’ on their line-up sign outside the store. They made it worse by using the poor man as impromptu security; actually worse than that, as part of a human chain in an attempt to hold an unruly crowd back. The fact that they had them form a human chain means that they knew they were about to have problems.

They put their store above the health and safety of their employees.


14 posted on 12/03/2008 9:43:25 PM PST by kenth (It's now spend and tax. How's that for change?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: FoxInSocks

Once again, we wouldn’t want to hold the animals ACTUALLY responsible for killing the guy responsible. Instead, go after the nearest peripheral party that has money, and give the animals a pass. Not only does this not hold those directly responsible accountable for murder, it encourages this sort of primal behavior in the future, since it leads to rich payoffs & no consequences.


15 posted on 12/03/2008 9:45:16 PM PST by MCH
[ Post Reply | Private Reply | To 1 | View Replies]

To: FoxInSocks

I guess we need to post riot police at every Walmart on black Friday.


16 posted on 12/03/2008 9:45:48 PM PST by smokingfrog (Buy'em cheap. Bury'em deep.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: adm5

“No one saw this coming” Bump.


17 posted on 12/03/2008 9:47:10 PM PST by Screaming_Gerbil (The light at the end of the tunnel could be an oncoming train...)
[ Post Reply | Private Reply | To 3 | View Replies]

To: FoxInSocks

Perhaps in order to offset the costs of the frivolous nature of this disgusting excuse for legal activity, we could all shop at Wal-Mart tomorrow?

(Or would this simply continue this kind of legal stupidity?)


18 posted on 12/03/2008 9:48:53 PM PST by GOP_Raider (Have you risen above your own public education today?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: berdie

We sue people because shooting idiots that do stupid and reckless things is illegal...


19 posted on 12/03/2008 9:49:23 PM PST by Screaming_Gerbil (The light at the end of the tunnel could be an oncoming train...)
[ Post Reply | Private Reply | To 10 | View Replies]

To: FoxInSocks
Lawyers for 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." Lawyers are hoping for a hefty payout, but do plan to give token amounts to the grieving family.
20 posted on 12/03/2008 9:50:57 PM PST by umgud (I'm really happy I wasn't aborted)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-76 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson