Wal-Mart worker trampled to death by Black Friday mob

ig-88

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Injured customers suing Wal-Mart

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

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."
 

S.C. Joe

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Nov 2, 2007
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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

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Aug 18, 2001
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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)
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?
 

LancsLad

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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?


See post #83 for the best solution.




.
 

S.C. Joe

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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.
 

tboy

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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.
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.
 

tboy

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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.

My argument still is: how much is more? If they had 100 soldiers in full battle gear would that have been enough if 4000 idiots showed up? How about 1,000? Should they use deadly force to protect the store's employees?

If you think anything less than that would have controled these animals you better think again. (and yes, they are A N I M A L S IMO).

The price on the TV may be good, but is it SO necessary to have one that you risk your life? Risk injury? Sorry, there is NOTHING I want bad enough for that....

BTW: I will bet anyone any amount of money that had walmart hired 50 armed guards and they did ANYTHING to control the crowd walmart would be sued for using excessive force. They'd also be in the news for overkill.....
 

S.C. Joe

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But Wal Mart did not have any security outside the store...just inside to watch that nobody shoplifted.

That is why the crowd could not be stop....all was needed was a few guys outside and some metal gates and rails. If the crowd then start to rush in they could have been stop-at least slowed down.

Next Black Friday I am sure Wal Mart will be doing something to stop the crowd from charging inside all at once.

A few workers outside the store and some rails to limit the amount of people at the door would have been enough to slow the crowd down and give somebody time to get up.

There is security company's that could have been hire to handle the crowd outside but cheap Wal Mart thought it was not needed.

The people were fools to rush in just to save a few dollars and Wal Mart was in error for not spending a few dollars more for the safety of its customers and workers.
 

red

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Nov 13, 2001
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was anyone held responsible for the deaths at the Who concert in cincinati? anyone remember? seems to be a similar case.
 

S.C. Joe

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I am not sure but things today almost 30 years later are far different so it doesn't happen again....

http://www.enquirer.com/editions/1999/12/03/loc_concert_industry.html

It remains the deadliest concert disaster in American history. But the enormous changes seen by the local and national concert industry since Dec. 3, 1979 should ensure that Friday's Phish show will go on without incident.

Far greater emphasis on pre-show planning and more communication among venues, promoters and artists have helped make concerts safer. Some of those developments have been cultural, as attitudes toward arena concerts and the people attending them have changed.

Other changes have been legislative, as laws passed in Cincinnati after those deaths remain in effect, inclusing a ban on general-admission seating for events drawing more than 3,000 people.

"Festival seating," in which the first people through the door get closest to the stage, is thought to have contributed to the dangerous conditions at the Who concert. When doors failed to open on time, the impatient crowd repeatedly surged forward.

When the Phish Phanatics arrive at the Firstar Center for the first show of the band's two-night stand, every ticket will be a reserved seat, as they are for every show there.

Show times and other important information are printed on tickets. Promoters, police and areas security staff members all will have been briefed on how crowds at other shows on the tour have acted.

"There's no doubt that the building manager today are much more profesional than they were 20 years ago,” says Gary Bongiovanni, editor-in-chief of PollStar, a concert business trade magazine. “Building managers today realize that crowd control starts outside the building, not just inside. Today, there's crowd control for when they put tickets on sale.”
 

tboy

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Joe:

You're pretty naive to think that a couple of employees with 'security" on their t shirts and rope barriers would have done anything to control this crowd. I mean hell, they buckled some heavy aluminum DOORS FFS. They trampled a guy to DEATH!!!

BTW: it's pretty easy to sit back and armchair quarterback x days after the fact. Who in their right mind would think that a crowd of animals would kill a guy for a cheap plasma screen?
 

S.C. Joe

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T-boy...True, nobody could have seen a death coming but injury's yes...the lawsuit was file today...this is the family's lawyer view of what Wal Mart did wrong.....

http://customwire.ap.org/dynamic/st...ME&TEMPLATE=DEFAULT&CTIME=2008-12-03-15-02-34


GARDEN CITY, N.Y. (AP) -- 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."

Wal-Mart, 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. None immediately responded to phone and e-mail inquiries seeking comment.
 
O

OnTheWayOut

Shoot the fuckers

Anyone trying to sue Walmart because they got injured after they stood in line overnight and helped kill the worker should be lined up and shot. Anyone who thinks Walmart is to blame for the actions of those lunatics should be next in line.

I lived in a nice town that had a very upscale department store, not a chain or discount place. It was "the" place to shop in the area and people would drive from hours away to shop there. They had special sales twice a year and folks would line up hours before the doors opened and then trample each other and if memory serves they damaged the doors more than once. Someone could easily have been killed or more seriously injured.

This was 25-30 years ago. Black Friday hadn't even been given the nickname yet. I have no idea if the store was union or not. My guess would be not as this was a single store in the beginning which slowly expanded to about 4 or 5 stores before selling out to a larger chain. I'm sure they hired extra security for all the good it did. Those of us not inclined to risk our health to be able to shop at this exclusive store shook our heads and wondered about the mental stability of the mostly women who half killed each other.

My biggest surprise is that it took this long for someone to be killed at a sale event such as this. I have a hard time believing that other stores which have been having these "super sales" for years haven't had any fatalities. Perhaps it has in a store similar to the one I referenced and it happened before news like this was able to be instantly spread over the country and continent.

ALL stores have severe discounts for Black Friday and there are lines which have begun forming the night before all over the country and here in Canada for Boxing Day sales. To point the finger at Walmart or any other retailer is absurd. They could have had freakin tanks lined up and 2000 would have overpowered them.

The cops were there at 3:30am, why did they leave or not come back if there were 400 there already that early? They would have to had some idea that this was well beyond the norm. But what could they have done? Imagine them asking folks to leave after waiting for hours, we'd be talking about dead cops too. And I'm sure the cops had other stores with lineups with perhaps crowds they deemed more unruly.

People need to take responsibility for their own actions, just because they don't like a business doesn't put that biz at fault. If you voluntarily decide to be part of a mob you shouldn't cry when your fellow idiots harm you in some way.
 

Plan B

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Jun 7, 2008
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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.

Tboy-I have to disagree with you here. Walmart is an retailer with plenty of experience. They set up this event, and they were fully aware that a large crowd would congregate. There are dozens of things they could have done outside the store to prevent an unruly crowd. The point is Walmart is cheap, and didn't want to spend a nickel on preventitive measures, whether it was a tent with hot chocolate outside or something else. Laugh if you must, but these measures help as they reduce the anxiety of shoppers who have grown restless by waiting in line. Also, they should have let the crowd in 1 at a time and made announcements to this effect!!! This would prevent people from rushing in.

Walmart, like many employers loves the publicity that they get from the tv news showing people running in to buy cheap merchandise. This year it backfired.

Tboy, I can't believe you've taken to defending corporate interests here, and if you really have spent so much time in retail, then you should know better. You're really way off on this thread.
 

tboy

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Sorry PB, I'm not taking sides really, I'm just really TIRED of people looking for some scapegoat or reason to go after a business. Sorry, but to blame a store for the actions of others is just plain ludicrous.

1) No one forced the people to stand in line overnight
2) No one beat them with cattle prods to cause them to rush the store
3) I've stood in line patiently waiting to get into concerts, subways, clubs etc and while you can get anxious, there are a lot of mental exercises you can do to occupy your mind while waiting. The lure of cheap prices is NO reason to act like an animal.
4) Bottom line is: the people in line outside the store were are and always will be greedy fuckwad societal rejects who should all be locked up. They acted like a herd of goats and should have been treated that way. If they don't know how to behave in public they shouldn't be allowed out.

PERIOD
 
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