GARDEN CITY — 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 issued a statement saying it would cooperate with local law enforcement officials to develop stronger safety measures for the future.
"We consider Mr. Damour part of the Wal-Mart family, and are saddened by his death," the statement said. "We have been in communication with members of his family to do what we can to help them through this difficult time. Our associates know that when incidents like this occur, we take care of our own."
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. A spokeswoman for the realty company declined to comment on pending litigation; none of the other defendants immediately responded to phone and e-mail inquiries seeking comment on the lawsuit.
Jdimytai Damour, 34, had been hired by an employment agency as a temporary worker at the Wal-Mart store in Valley Stream and had been on the job about a week when he died, said his family's lawyer, Jordan Hecht.
The 6-foot-5, 270-pound man died of asphyxiation after being crushed early Friday morning by the crowd, which broke down the electronic doors in frantic pursuit of bargains. At least four other people were treated at hospitals, including a woman who was eight months pregnant.
Authorities suspect that because he was as big as an NFL lineman, Damour was placed at the entrance of the store to assist with crowd control.
"Those hundreds of people who did make their way into the store, literally had to step over or around him or unfortunately on him to get into the Wal-Mart store," Nassau County Police Commissioner Lawrence Mulvey said this week.
Police are reviewing store video to identify possible suspects in Damour's death, but Mulvey conceded that criminal charges are unlikely.
Mulvey said it was apparent to him that the Wal-Mart store about 20 miles east of Manhattan lacked adequate security to handle the crowds. He said police representatives met with retailers throughout the county two weeks before Thanksgiving and made it clear that security and crowd control for the sales were the merchants' responsibilities.
Hecht said Damour's family also plans to file lawsuits against Nassau County and its police department.
County Attorney Lorna Goodman said, "The county has no liability in situations of this kind."
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.
Shoppers around the country line up early outside stores on the day after Thanksgiving in the annual bargain-hunting ritual known as Black Friday. It got that name because it historically has been the day stores broke into profitability for the full year.
The National Retail Federation believes Damour is the first store worker to die on the job in the post-Thanksgiving rush.
Wow! They can't have this happening.
how many times can someone get hurt or die before walmart stands up and says enough is enough. i guess when the money stops rolling in. as long as the money rolls in walmart will only care about the money and not lives's. ever year it is the same thing. how long will this go on. stop the madness. we want low prices. we want a good deal. at what cost? how many lives must be killed or hurt before we can stop walmart? something has to be done. guide lines for walmart? hold walmart accountable for these horrific and premeditated acts. they knew this would happen yet black friday at walmart happens anyway. the people who walked over the victim is to blame too. but not as much as walmoney. greed is the root of all evil. walmart is that evil. think about it. billions go in dollars go out.
Wal-mart is not evil. I used to work for Wal-mart and if it wasn't for Wal-mart I would not be able to make ends meet. Wal-mart has been my lifesaver! The people that are fault are the shoppers who have forgotten the real reason for the season. It's not about shopping people! It's about the birth of Jesus! Why are we blaming Wal-mart for these madness! Consumers make this madness! It happened at Macy's where my husband works. People were trying to break down the doors to get in. Stupidity!!
This is not the first time something like this has happen and it wont be the last.
Erica, well, maybe you could find another place to shop and then you wouldn't have to walk over the spot where someone died? Maybe a Target? Maybe another Walmart, as there is probably one 2 miles down the road.
Just being sarcastic. It's sad, isn't it?
how are they going to bring charges against people in a surge
most up front were being pushed from behind it was either run or get run over
the only charges should be against walmart managment for not calling the police our getting crowd control.. 2000 people going through one small door please
wal-mart is the one responsible all the way around
and I like how they got a temp to open the door the season vets were way in the back
wal mart is responsible for not only what happens inside the door but what happens out side the door on their property, and they let the chaos begin outside the door
they are the ones fully responsible
It's quite clear, we Americans have lost our way when it comes to Christmas and shopping. This is a terrible tragedy and yet these shoppers seemed oblivious to what they've done. Then for them to become irate because the store reclosed after they bull rushed this guy to death. I hope the servalance video shows who caused this, because it will be hard to tell with the trongs of people trying to rush into the store. Selfishness and greed caused these stupid people to rush into the store like that. It seems they forgot a key rule to Christmas. It's not about presents,bows,colored lites or the false icon of Christmas, Santa Clause. It's about the birth of our savior Jesus Christ. This is a most important fact that has been negated, and replaced with the glitz and glamour and ornamentation we now call "the holidays". Is it correct to even say Merry Christmas anymore?? Most people now say Happy Holidays instead. It makes it easier to overshadow the real reason for Christmas. Jesus is the reason for the season, and until we remember our roots, we will continue to be lost and having tragedies like this again and again. MY thoughts and prayers are with the family of this walmart worker. I also hope the people responsible were caught on video and prosecuted to the fullest extent of the law. This is indeed a senseless and needless death.
Amen !!
Well, perhaps by surveillance video they will be able to identify at least some of those that actually stepped on this man. Although none of those people will be reading any of this, simply because they obviously care about nothing other than their own little pathetic world, let us remember this. That somewhere, in some dark corner of their mind, the people that stepped on, over, and around this person with absolute disregard for his well being, will have to live with their action for the rest of their lives. It may be a torture lived in their subconscious, only to terrify them in their dreams, but it will be there. Until one day when their tortured souls depart their body and they stand before their Creator, then they will have to account for this.
It just warms the cockles of my heart to know that the Christmas Spirit is alive and well at Walmart.
I also appreciate that people have SO MUCH MONEY that they will trample their fellow humans in order to spend it at Walmart!
Economic problems? Bah Humbug! When people will trample each other to death to spend cash, I hardly think they are hurting economically!
see i told you wal mart dose not care about no body execpt that dollar when the person get trampled they should have locked the door shut off yhe lights.and not let any body out.were was the managerwhen all this was hoppen oh thats right drinking cooffee in his office.or was he counting all the money the store made that morning
It is sad and pathetic that people are so obsessed with getting TVs, electronics, and toys that they don't care about anything else. Consider the fact that as famillies were supposed to be coming together to be grateful for the good things in their lives (especially considering how much is going bad at the moment), people were more focused on what great deals they could get. How sad are we as a society? Considering that no amount of public outcry will do anything to change this behavior, why doesn't Walmart do what Best Buy did: let customers into the store in spurts of 50? How many years in a row have we heard stories about people being injured or killed at Walmart stores the day after Thanksgiving? Walmart's obsession with cutting the number of employees, increasing hours of operation, dropping prices, and then not taking the appropriate measures to provide a safe environment is revolting. All Walmart cares about is filling its coffers.
like i say before wal=mart dose not give 2 shi?s about there comsters or employes all they care about the money.i hope the family sues wal-mart for millions walmart has got to stand up and say WE MESSED UP walmart says the guy had no crowed control no one dose with 2,000 people
I agree that both Walmart and the Shoppers who actually trampled the man are responsible for his death. However.... No amount of money will ever bring this man back. I feel that the family should not be so hasty in their decision to sue. They are grief stricken and angry. We all do things out of anger that we later regret. I'm not saying that they will regret the lawsuit, I'm just saying that right now they are acting out of anger and grief. They should deal with the process of laying their loved one to rest first and then go to the legal aspect. They will be able to think more clearly. This is the first year that I ventured out on Black Friday as a shopper and I was disgusted by the way some people behaved. I am shocked that this has never happened before in the past.
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