NEW YORK (CNN) -- 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."
ig-88 said:Now, some of the injured customers are suing both Wal-Mart and the cops.
http://www.cnn.com/2008/CRIME/12/02/walmart.trampling.suit/index.html
Joe Joe Joe...he wasn't told to open the door because of his size, he was AT the door because of his size. You forget the part in the original story where the crowd broke the door down?S.C. Joe said:Really I am surprise more people did not fell down and scream they were hurt...you can't blame the guy's family for sueing,,,it does make sense now that the only reason he was told to open the door was cause he was 6 foot 5 inch and weight was 270 lbs...poor guy, what a way to die (not like any way to die at age 34 is good but dam it must have been a slow death too)
tboy said:Joe Joe Joe...he wasn't told to open the door because of his size, he was AT the door because of his size. You forget the part in the original story where the crowd broke the door down?
As for the people suing, well, I can't see how it is walmart's fault, no one forced the people to stand in line, especially after the crowd became unruly.
Yet another money hungry lawyer, see's "walmart" and thinks 6 figures.....whatever happened to personal responsibility?
Wait, did Walmart incite the riot by forcing the people tighter into the crowd? Did they force them to riot by beating them with batons to get them moving faster? Did they throw smoke grenades into the crowd? Did they force ANYONE to come to their store?S.C. Joe said:That kept going back and fourth...the latest I seen was that he DID unlook the door at 5:03 am...store was to open at 5 am....Wal Mart had NO security working outside the store for crowd control....I did not post the story but the NY Post quote somebody who said last year just the door was bent from the crowd rushing in...so this was not unseen in coming. The door was busted down AFTER the dead guy open it...is how the story is being reported now.
Anyways its on video...good old Wal Mart camera's might hurt Wal Mart itself this time The camera show what happen..(funny how Wal Mart is not releasing the video of the crowd busting the lock doors down) If that really did happen, they could-and likely would-show that part and stop the tape before the guy was knock over.
Wal Mart is partly to blame...there was other store's in the same shopping center, Best Buy, etc...no other stores had a problem.
It is not just the crowds fault...it happen at Wal Mart cause Wal Mart allowed the crowd to get out of control and took no steps to try to stop them rushing in all at once.
Watch and see, next year it be much different at that Wal Mart.
ryick said:On a side note ... that is a great price for a 50 inch in plasma...but they should have had more security on this day...it only makes sense, they all know it is gonna be packed.
tboy said:Wait, did Walmart incite the riot by forcing the people tighter into the crowd? Did they force them to riot by beating them with batons to get them moving faster? Did they throw smoke grenades into the crowd? Did they force ANYONE to come to their store?
From being in retail for 17 yrs the store's responsibility basically ends at the front doors or the end of their property line. How can you hold a store responsible for the actions of others outside their store?
As for crowd control, to control this crowd you would have needed police in full riot gear. That costs money. People want the cheap prices but they won't be so cheap if the store has to spend $100K on riot police.
Yes, once inside the store has to provide a safe shopping environment. But that pertains to the store itself, not who is in it and how they act. Yes, there will probably be some compensation to the guy who died's family but as for the others who were injured? They should have used their heads and left the second they saw things were getting a little crazy.