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Family of man trampled at Wal-Mart sues

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sabra Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 03:49 PM
Original message
Family of man trampled at Wal-Mart sues
Source: CNN

NEW YORK (CNN) — The lawyer for the family of a man trampled to death in a Long Island Wal-Mart on Friday filed a lawsuit Wednesday, claiming the store failed to control the crowd pushing to gain entry on one of the busiest shopping days of the year.

Jdimytai Damour, 34, a temporary worker, was crushed as he and other employees tried to unlock the doors of the Wal-Mart at Green Acres Mall.

The wrongful-death lawsuit filed in New York Supreme Court by attorney Jordan Hecht names Wal-Mart and the mall’s owner, manager and security firm as defendants.


Read more: http://cnnwire.blogs.cnn.com/2008/12/03/family-of-man-trampled-at-wal-mart-sues/
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TwilightGardener Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 03:51 PM
Response to Original message
1. Well, that's one well-deserved suit, IMO. Hope the family is taken care of with a nice settlement.
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 03:51 PM
Response to Original message
2. Wal Mart's lawyers are savage and vicious
It could be years before they ever see a dime.
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 03:54 PM
Response to Reply #2
4. The nastier they are
the more it will generate bad publicity and consumer backlash.
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daninthemoon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 03:53 PM
Response to Original message
3. good.let's see if there is any justice left. walmart should just pay the man.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 03:56 PM
Response to Original message
5. Fortunately for them, Wal-Mart has a walk-in legal clinic between their optomotrist and photographer
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ayeshahaqqiqa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 03:58 PM
Response to Original message
6. this should be interesting
I know of at least two DUers who would be great expert witnesses for the defense.
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TXDemGal Donating Member (600 posts) Send PM | Profile | Ignore Wed Dec-03-08 04:00 PM
Response to Original message
7. Wal-Mart's defense: There was NO way we could foresee
that an out-of-control mob would surge through the doors the day after Thanksgiving for our DOOR BUSTER sales!


:sarcasm: :sarcasm: :sarcasm:
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VeraAgnes Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 04:08 PM
Response to Original message
8. Since he was an on-duty employee, .......
Should this case actually fall under Workers Compensation with a Safety Violation? In most states, they are protected from wrongful death under workers compensation laws.

Lets hear from the Worker Comp lawyers....most of all New Yorkers.
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DavidMS Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 08:14 PM
Response to Reply #8
22. That was my thinking...
I am not a lawyer and don't play one on TV, but from what I know of Workman's comp, it covers this and does not permit a private suit... Naturally the DA should look into negligent homicide charges against Walmart, et all. Which would probably stick.
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VeraAgnes Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 10:31 PM
Response to Reply #22
23. I'm glad you replied...
I was thinking I may of been way off base. O8) Where is a lawyer on DU when you need one? HaHahaha
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donco6 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 04:10 PM
Response to Original message
9. They'll settle for $7.5 million.
You heard it here first.
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Larry in KC Donating Member (465 posts) Send PM | Profile | Ignore Wed Dec-03-08 04:15 PM
Response to Reply #9
10. $7.51 million... closest without going over.
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donco6 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 04:43 PM
Response to Reply #10
11. Larry in KC, COME ON DOWN!
Heh - I didn't know the rules, damn.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 04:44 PM
Response to Original message
12. I wonder what kind of insurance, if any, Wally World has for this kind of thing
Tagged for interest.
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harmonicon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 05:18 PM
Response to Original message
13. weren't there cameras?
I think Walmart should go down for this, but the people that did the trampling should get the biggest punishment - they should be in prison for a long long time.
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frebrd Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 05:23 PM
Response to Original message
14. They also should sue all the mindless cattle who stampeded in the door....
as if they had lost any grasp of the law of cause and effect.
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 05:28 PM
Response to Reply #14
15. That's exactly the reason for this suit
WallyWorld caused the riot by inciting the crowd. There was no intervening or superseding causation between the incitement and the mob's action.
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 05:31 PM
Response to Original message
16. r
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Sgent Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 06:03 PM
Response to Original message
17. Shouldn't this be covered under Workers Comp laws?
At least for Walmarts liability...

As for the mindless cattle, he may have a better suit.
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joewicker_TX Donating Member (32 posts) Send PM | Profile | Ignore Wed Dec-03-08 06:06 PM
Response to Original message
18. Can you say
Jdimytai Damour-Mart :)

I hope they throw the book at Wal-Mart. This type of thing happens al the time and is never reported.
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SOS Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 06:18 PM
Response to Original message
19. 4 of the 10 richest Americans are Sam Walton's adult children
Each worth $18 billion.
You'd think, if these people had a shred of human decency, they would help the victim's family without having to be sued.
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jpak Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 06:28 PM
Response to Original message
20. Walmart will just sue the dead man's estate to recover the settlement
Edited on Wed Dec-03-08 06:28 PM by jpak
n/t
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lib2DaBone Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-03-08 07:21 PM
Response to Original message
21. Who could have seen that coming? Wal-Mart is such a responsible company...
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mountainvue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 01:47 AM
Response to Original message
24. Good. Hopefully Mr. Hecht is enough to
take on Wal Mart.
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silverojo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 06:12 AM
Response to Original message
25. Who's surprised by this?
Is there one person on earth who didn't see this coming?
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