Family Of Killed Wal-Mart Employee Sues Company and Mall
Filed under: Legal Matters > Sad Sad
As we told you last week, Jdimytai Damour, a Wal-Mart employee, was trampled to death by early morning shoppers at a New York Wal-Mart on Black Friday, the day after Thanksgiving.
Now, a family member of Damour's has just filed a wrongful-death lawsuit.
They claim the store's ads offering such deep discounts "created an atmosphere of competition and anxiety" which led to "crowd craze."
The suit alleges that aside from not providing enough security for the estimated 2,000 crowd, Wal-Mart also "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."
We agree they should have had better security, but we doubt any company would promote frenzy and mayhem.
Those named in the suit include Wal-Mart, the Green Acres Mall next door, a realty company that manages the property, and a security company hired to patrol the property.
We still think they should observe the security cameras and find the people that walked all over him. Seriously, how can you NOT notice you are literally walking on someone?
Police have said they are reviewing the store videos to identify possible suspects, but believe criminal charges are not likely to happen.
And Damour's family also plans to sue Nassau County and its police department.
[Image via AP Images.]
Well yeah….black friday is dangerous shit!!!
and this is celebrity gossip because…?
walfart
sad
good to the family for suing those people that trampled that poor man were savages
FIRST!
!
THIRD!!
!
TENTH!!!
!
WHATEVER I AM!!!!
!
I'M AN IDIOT WITH NO LIFE!!!!
!
Anywhos, good for them!! SUE THEIR ASSES!!!! What happened to that poor man was tragic!
glad to hear they are seeking justice.
this story just made me sick to my stomach.
come on shoppers, it's just "stuff"
.
.
TAKE 'EM FOR ALL THEY'RE WORTH!!!
.
.
WALMART: WHERE TRASH BUYS GARBAGE!!!
.
boring
haha they should sue the pants off whatever they can.. that was horrible
That poor family! I dont know if you can really sue Walmart, it's not really their fault that people are fucken assholes…
Given that no one else was killed at the several hundred Wal-Marts that are all over the US, I don't think they have grounds to sue Wal-Mart because their ad was so awesome that a lot of people lined up for the ads. It just happened that particular Walmart had a lot of savages in the line, and the wal-mart - THAT wal-mart - had inadequate security. They should be suing the individual store, not the chain.
I'm sure many people were pushed from behind and unwillingly stepped on the poor guy.
Yes they should sue…specially the first person or the crowd pushing him to the ground…bunch of animals
MARIO OR MARIO'S MADRE…CHANGE THE POST!
Nothing like killing someone over material goods to really put you in the Christmas spirit! Cause really what else is Christmas aside from marked down merchandise…..
Re: LEonA'$ GHo$t – Then I conclude, that is where you do your shopping?
not for nothing but long island is a hole…these animals all deserve to pay.
I think Walmart should be sued but I don't think the police should be sued. I also think they should see if they can identify anyone off the tapes…where's the personal responsibility?
Seriously…Walmart knows what they do when they have those 'door-buster' sales….hence the name (door-buster). I think they should be sued and any company who does that same type of marketing should be fined. They should be open just like any other day and then roll out the sale items at specific times…like open at 5 am but roll out the 'door-buster' items around 10 am…sorry, but wally world is in the wrong on this one (as is any store that doesn't provide a safe work environment for their employees.)
I think that Walmart should be held accountable, instead of hiring actual trained security they put a holiday temp stock boy infront of the ravenous crowd. Not too responsible if you ask me.
Re: iJenna –
All the Walmarts are company owned, not franchaises. So if they want to sue the individual store, they have to sue the parent company.
completely messed up. i really hope the little guy(s) win. wal mart couldn't give a shit less about its employees.
thats so sad. these white trash, barbaric, wal-mart shoppers need to be held accountable for killing this man. disgusting.
He died saving an 8 month pregnant woman from the rush. WHY would an 8 month pregnant woman put herself in this situation in the 1st place. I just cannot imagine. This is completely on Walmart, they may not promote meyham, but they do absoultly nothing to discourage it. I would sue thier asses off too. But I gotta say on this one that the police are not at fault.
Re: bluwizpee – agreed………savages!!
Walmart SUCKS!!!! May he rest in Peace..
Sue them for $100,000,000. After all, you're really just suing the Chinese.
Walmart employees who die while on the clock get a huge insurance policy that goes to their families, that they don't even have to pay for.
Greedy greedy greedy.
I think they definitely should check the camera's, I mean with 2,000 people it will be hard to get them all. But if a person is trampling someone to death they should know they were responsible. This is so very tragic.
Re: It's Br!tney B!tch –
hey….your i's are upside down…..
just wanted to let you know…………………………
But of course! It's always Wal Mart's fault! It was an accident that happened b/c of the "black" Fri douchebag shoppers. It was in no way Wal Mart's fault. Just try to fight their lawyers, you will lose bad. It was the fucking retarded mob that killed the guy, not Wally World. Tired of frivilous lawsuits.
re: Milky Milky
aww thanks
thanks fat body…i'm so glad you report the news, I just don't know how I would learn about what is going on in the world without you. go fuck yourself!
This was a horrible crime! Why would you run over someone's body to save a few bucks? Makes no sense……………
Both employees and customers have been seriously injured year after year in these Black Friday stampedes at WalMart. The company SHOULD be held responsible because they knew it could lead to a death eventually.
*
Hell, i'd sue too.
*
And i'd try to find all them fucking greedy waste-of-space trash bags who seemed to value crappy wal-mart products over a human life!
*
Re: sunnibear – you only get those types of benefits if you're full time, and since this guys was a seasonal/temp worker, i highly doubt that he was full time. jus making some extra coin. therefore, he would not be entitled to a "death on the clock" compensation.
thats ridiculous, the family is just using the tragedy to make money, they don't need to sue all those people
You have GOT to be kidding me. I know for a fact that Wal-mart never expected such an occurance to happen. I work at a different Wal-mart and they were talking about the situation. Never would they have guessed such a frenzy would happen to the point that a crowd kills a person. Temporary hires are trained as just that, temporary. The training the man received is what temps get this time of year. To sue Wal-mart, the mall, security firm, the reality firm and the city is, to say the least, rediculous. The people who should be sued are those who trampled all over the poor man. How do you NOT see that you're walking on someone? How do you NOT see you're running over someone on the floor? Are people that rabid that they can't see something like that? I sincerely hope that those who went to that Wal-mart on that day feel like crap. I hope this weighs on their conscience for the rest of their lives. Also, it was some of those individuals that complained when management then shut down the whole store after the incident. How dare they complain when management closes its doors after such a thing happens.
Re: BitchyD –
#21
Why should Wal-Mart be sued? The people broke the doors open and ran in. The guy which was killed died while trying to save an 8 month pregnant woman from being trampled. What they need to do is look at the video from outside. Look at who began to egg on the crowd, there's always one idiot who tries to stir up the crowd. His butt is the one which should be brought up on charges. I feel sorry for the man that died, but he's the one who decided to jump in the crowd. I think many of us would've done the same.
Re: DonInMI –
#36
So the company should never have a sale anymore? It's the people's fault, not the company, when they are the ones that broke open the doors and ran in.
Wal-Mart fights all lawsuits.
I agree with S Y k. Black Friday is always crazy every year.
Re: cyatic910 –
.
.
.
.
WALMART BAIT AND SWITCHES ALL THE TIME!!!
.
THE MANAGERS KNEW WHAT WAS COMING ONCE THE STAMPEDE BEGAN AND DID NOTHING TO PREVENT IT.
.
"I'LL NEVER BE CAUGHT DEAD IN A WAL-MART!"
.
GUESS THE DEATH OF THEIR EMPLOYEES GIVES THAT PHRASE A WHOLE NEW MEANING!!!
.
.
OH AND STFU LG HAS DEALT WITH YOU BEFORE AND HAS ALWAYS DISMISSED YOU WITH A HUGE SWAT LIKE THE BOTHERSOME BUG THAT YOU ARE!!!
.
Re: cyatic910 – #42.
.
YOU HAVE THE MENTALITY OF A WALMART SALESGIRL!
.
Good! I hope they soak Wal-Mart and this dumb mall for major $$. The temp employee killed was the only one @ the door. Where was management and other employees? The mall couldn't hire security to control the crowd?
Re: cherryfries –
Why wouldn't they expect it to happen when people have been seriously injured almost every year at one store or another? The doors were broken down and an employee was trampled at my local WalMart over 10 years ago. If you haven't heard of it, it's only because they covered it up…not because it didn't happen.
Re: cyatic910 –
When they only have 20 of the advertised items and as many as 2,000 people waiting to grab one, they're asking for something like this to happen.
It is so gross how people would run over a man with their fat asses just to get a good deal on a tv or whatever piece of crap they were there to buy. Wal-Mart is the evil empire !!!
i hope everything works out for the family… let us know how we can help perez… you can work miracles for everyone… =)
Wal-Mart is responsible for this tragedy by creating a dangerous situation with insufficient security. Hearts out to the family of Mr. Darfour. No amount of money can replace a person's loss but Wal-Mart should be held accountable.
Effing idiots that trampled on the poor guy.
I think those crazy ass people who broke in like a crazy mob should face consequences, and not so much Walmart. But of course, Walmart is where the money would be at, and if they're in it for money that makes more sense.
I live right by this walmart and yeah its right next to the green acres mall but is not even attatched! So I agree with suing the walmart, security and the people that own the property.. but the mall and the police? Thats a little too much.
This Wal-mart was advised prior to this day by the local PD to erect barricades and exercise crowd control after their previous year's crowd; they failed to do so - they're liable. This is celebrity gossip because our American culture, which glorifies celebrities and purchasing power is sacrificing human life - to go shopping? at a shit store like Wal-Mart? Check out 'The Story of Stuff.' I hope this poor man's family is awarded some justice.
.
.
WALMART DESTROYED SMALL TOWN AMERICA BY ITS EVIL DECEPTIVE TRADE PRACTICE TACTICS AND BY LINING THE WALLETS OF CROOKED POLITICIANS!!!
.
.
.
.
LG WILL GLADLY PAY HIGHER PRICES ELSEWHERE AND WILL NOT GIVE
A DIME TO THE WALMART FUKCERS!!! GOOD KARMA WILL DO A LET MORE FOR YOU DARLINGS THAN 25 PER CENT OFF EVER WILL!!!
.
.
.
EVIL EVIL BASTARDS ALL OF 'EM!
.
The guy should just sue wal-mart for being negligent. They had to have known there would be huge crowds, and they quite obviously didn't have the proper security/employees to del with it.
wow a man dies at one store and u say no black friday, black people are horrible, obamathis obama that. something needs to be done about what happened to the poor man. but my god people stop acting like the world is coming to an end.
As they should!!! Someone needs to put a stop to the madness. It is not right what stores do that cause hysteria.
And I just gotta say…the greedy, selfish image America has around the world…yeah, it is shit like this that proves that we earned it!
Dearest Leona!
I agree 100% about Walmart! I never shop there or any hugh corporate chain! I support my small town stores for nearly all me needs. I may pay a dollar more, but that is saved in gas and time. Time I can be here enjoying you!
I hate Walmart and everything it stands for!
Re: Sweetpiece only luvs the real LG!! –
.
.
KISSES SWEETIE!
.
WOW WHAT A DIFFERENCE 24 HOURS CAN MAKE!!!
.
.
SPEAKING OF WHICH, DID YOU KNOW THERE'S VIRTUALLY NO DIFFERENCE BETWEEN SARWHORE'S QUEERFACED HUBBY'S REAMED OUT BUM AFTER SHE'S HAD A GOOD GO AT IT WITH HER COKE CAN THICK STRAP ON AND THE OPENING OF AN INNER TUBE???
.
THAT WAS FOR MY DARLING…SWEETPIECE!!!
.
REALLY???
.
.
Is ANYONE surprised that this immigrant family is looking for a huge pay-off? FUCKING NASTY LAZY IMMIGRANTS - GO BACK HOME!!!
Good for them! Christmas presents, especially when Christmas should NOT be about material things, are not at all worth a human's life or well-being. If he had kids, Wal-Mart should at the very least pay his family child support because it's so hard for a single parent to get by. But anyway, I think Black Friday should become Black Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday…because having it on one day turns people into monsters.
I have a friend that works at Wal-Mart, and he said that he witnessed grown men and women elbowing eachother in the ribs HARD and shoving people onto the ground and into metal racks/displays to get a pile of Xbox 360's that were only 35 dollars less than they were on a regular day (mind you, the Xbox 360's are only $200; very cheap for a console nowadays). It's dangerous and ridiculous. If it's not extended into a week, it needs to be cancelled.
.
.
PEOPLE WHO ARE SHOVED, PUSHED, OR OTHERWISE ASSAULTED IN WALMARTS NEED TO PULL OUT THEIR CELLPHONES, PUNCH 911 AND FILE POLICE REPORTS!!!
.
WALMART IS AN UNSAFE, TREACHEROUS, VIOLENT ENVIRONMENT AND THE MANAGERS WHO ARE TURNING BLIND EYES AT SUCH CARNAGE NEED TO BE ARRESTED ON THE SPOT FOR PROMOTING SUCH CARNAGE IN THEIR STORES!!!
.
.
.
Good for them! Sue the shit out of them!
LG, you know I still can't reply to you! I've asked Perez to remedy the situation, but we shall see if he responds! I do love him and hope he will do right by me!
.
Love always,
SP!
.
PS….Thanks for the SARWHORE line! You know that gets me every time! LOL!
SHOPPING AT WALMART IS SUPPORTING COMMUNISM!
TAKE THAT CONSERVATIVES!
BUY USA MADE GOODS!
SUPPORT LOCAL FARMERS!
SUPPORT LOCAL BUSINESSES!
.
BY DOING THESE SIMPLE STEPS, WE WILL SAVE THIS COUNTRY!
i think that walmart should be sued its not like they dont have the money! AND! the people that had trampled over this man from the first person to the last should be charged with something! they knew there was a man there how do you not know your stepping on someone?
Re: *pebbles* – Totally agree and for the record is mayhem
I think what happened was totally ridiculous but I don't agree that it's the store's fault. Those people were old enough to know better than to behave like a friggin pack of animals. If the person's family wants to sue anyone for "wrongful death" they should be suing the jerks that actually trampled them - but I guess those people aren't as rich as a giant corporation and so there'd be less money to be had!
So they should.
There needs to be accountability but why sue Walmart? It wasn't Walmart that ran the guy over. It was the savages shopping there. We had the same adverts here & there were ZERO incidents.
They need a new city ordinance I guess where people can no longer queue up like that. It's a shame people can't be more civilized & orderly.
Re: natalie22 –
It may not be Walmart's fault that ppl are assholes, but it IS their fault for failing to provide reasonable measures to ensure safety of not only staff, but shoppers.
I think that many people were pushed from behind and unwillingly stepped on the poor guy…..
Wanna share your thoughts, ideas, or opinions like this? What about sharing it with the world? Here in, Uploaded.TV that allows you to do just that! Shoot a video of you expressing your viewpoints and upload it in www.uploaded.tv. Watch your video on real TV, anywhere in the world. Let it be known to the world what you think!!
while Walmart should have had better security — we all know the truly disgusting, inhumane people are the LOSERS who trampled him in their pathetic need for a bargin gift. Hint - you're shopping at Walmart - enough said right there.
WAL-MART IS THE MOST WARPED COMPANY IN US HISTORY! I live in Walmart land and they treat their employee's like SLAVES and give them 39 hours so they don't have to pay them benefits. They don't pay them worth shit either and then expect them to work like slaves, vote a certain way and say no to the Unions that would protect them. THEY ARE EVIL, EVIL HATE MONGERS! They have oversea plants that make their workers work 17 hours a day for 10 cents an hour! BOYCOTT WAL-MART THEY ARE EVIL!!!!!
GO GO GO LEONA"S GHOST! YOU ARE SOOO RIGHT! THEY SUCK BIG ONES! TOPPER YOUR STUPID. WAL-MART HEADQUARTERS ARE RIGHT HERE IN ARKANSAS
Crowd mentality is not something that you can blame on just one person. The family is right to sue the company because they did create an atmosphere that got this man trampled to death. How the FUCK is one person suppose to keep control of a crowd of 2000. And what if the people in front tried to stop, how the FUCK can maybe 5 people keep back 1995 people. Don't be stupid this is not one person's fault it is the fault of the company for not providing adequate security, for not providing lines for letting one fucking guy stand up against 2000.
It's not Walmart's fault that the guy got trampled. The people that should be sued are all the ones that knocked him down and stepped on him. Human beings are the most vile, disgusting creatures on this planet.
Didn't this guy die from a heart attack? Obviously, he had a bad heart and would have died soon, even if he hadn't been trampled.
I SAY SUE FOR AS MUCH AS YOU CAN!!!
ITS JUST OBSURED. A MAN LOST HIS LIFE SO SOME CHEAP JE…I MEEEAAANN MOFOS COULD GET A PLASM FOR $299.
THERE ARE POWER IN NUMBERS AND THE PSYCHOLOGY OF GROUPS AND RIOTS IS EXTREMLY INTERESTING AND WOULD MAKE A GREAT THESIS. ITS LIKE THERE IS NO BLAME WHEN YOU ACT IN A LARGE GROUP YOUR NO LONGER INDIVIDUALS YOU ARE ONE HUMAN ENTITY WHICH MAKES STEPPING ON SOMEONES SKULL ALOT EASIER WITHOUT CREDIBILITY ON ONE PERSON.
I COULD CARE LESS ABOUT THE PREGNANT WOMEN THAT GET TRAMPLED, ITS THEIR FAULT THEY ARE EVEN SHOPPING WHILE PREGGERS BUT MAH DUDE HERE WAS SEASONAL GETTING PAID MINIMUM WAGE TO EARN SOME EXTRA CASH FOR CHRISTMAS AND HE NEVER COMES HOME FROM WORK.
HIS FAMILY AND KIDS ESPECIALLY SHOULD NEVER HAVE TO STRUGGLE, NOT WHEN WALMART COULD EASILY GIVE THEM WHAT THEY NEED TO LIVE WITHOUT A FATHER.
ENDRANT.
People are disgusting. Even during the holidays it just goes to show you that Americans are only concerned about material bullshit. Not only should Walmart and all parties involved pay, but the people who trampeled him should be charged to the fullest. Manslaughter at Christmas, shocker that it was all those white trash Walmart shoppers, not.
Walmart DEFINITELY is partially responisble for this. This year was the first time I've ever experienced anything like this and I must say that I'll probably never do it again! First off, there were no limits on how much of any merch. you could buy and second, the stuff on sale was very limited on the quantities. A friend of mine wanted to buy some clothes for her granddaughter but a lady thrust an empty shopping cart in front of her and others so she could run up to the clothes racks and litterally throw everything on the rack into her own cart. Selfish, selfish people, and although Walmart isn't responsible for individual people's shittiness, they could have nipped a lot of this bullshit in the bud!
At first I thought just the crazy people should be caught that trampled him and held accountable, and that Walmart is not responsible for stupid people coming into their store.
Then I realized that damn right they are responsible. They purposely advertise these insane sales and only have limited numbers of the product. So sure they are partially responsible for creating that type of frenzy.
Obviously the people lined up outside are totally retarded, and have no sense of decency about them. I mean who would continue shopping or complain about having to stop after this guy was killed. Just retarded!
Walmart is responsible…not ifs, ands or buts about it…Too, Walmart has very deep pockets and will likely settle this matter for tons of cash!
Of course, the city and county will be joined here as defendants but I can't see any plausible grounds for alleging a cause of action against these government entities unless Walmart hired the city and county Police to assist with crowd control. In sum, Walmart will likely make this go away quietly and the victim's family will most definitively receive a very large cash award.
Also, I would not be surprised at all to hear that the manager and head of security at that particular Walmart are out of jobs for not instituting strict procedures to deal with the expected black friday crowds…
That was fast. The poor man hasn't been dead for a week yet and the family is already filing lawsuits like crazy. And yes, Perez, I agree, the customers who trammeled the man should be prosecuted for manslaughter. It's unfair that the should get away with killing this man, while Walmart has to pay the price for their actions.
Re: Linzerd –
hehehehe re: the white trash walmart shoppers…however, that particular walmart on long island is pure ghetto…
They need to find all those sick fucking ignorant people that trampled the poor man too and sue their asses. Better yet, throw them all on the floor and step on them a few hundred times. How in the hell do you walk on a person and just keep on shopping?
The worst part is, they didn't even close the store after the man died!!! "Hey we just killed man, but I'm getting my $400 TV!! Woohoo!" Bunch of fucktards.
It's called Workers Compensation!! It's the exclusive remedy. The widow and dependent children will get the benefits per NY WC law. They can file suit against other parties if they can find those parties. Wal-Mart is sure to be brought into those suits, but in the end they will only pay the WC benefits. I'm not a lawyer (Thank God!!), but I know this part of the law from experience.
Re: cyatic910 – Still it's not what he was hired and trained to do Walmart's still at fault. You don't use a stockboy as untrained croud control it's cheap and irresponsible. The suit isn't gonna go far but at least NY is talking about putting a law through that is going to hold companies responsible for any unjuries or death caused by these kinds of sales.
This makes me hate the fat fucking white trash poor ass americans that shop at walmart soooo much more. To be so crazed on saving 20 bucks on an effing bread maker that you end up TRAMPLING SOMEBODY TO DEATH….is soooo ridiculously sad. I hope those bastards there on that morning read this and feel like shit while they eat a box of effing krispy kreme to forget about their problems.
it is outrageous that these sick people are going to get away with this. I'm not usually a fan of suing people…but if they aren't going to do anything about it, then SUE AWAY and I hope they get millions. Its the very least they deserve after NEEDLESSLY losing him.
So sick and disturbing. I truly hope those people are haunted by what they've participated in.
Black Friday, indeed.