Personal Injury Law

Family of Wal-Mart Worker Files Wrongful Death Lawsuit

The family of a Wal-Mart employee, who was trampled to death inside a New York store during a post Thanksgiving sale, has filed a wrongful death lawsuit against the major retailer. According to this CNN news report, 34-year-old Jdimytai Damour was crushed as he and other employees tried to unlock the doors of the Wal-Mart at Green Acres Mall in Valley Stream, New York, the day after Thanksgiving.

The wrongful death lawsuit alleges that Damour?s death was caused by the ?wanton disregard for public safety and gross negligence? on the part of Damour?s employer. Damour?s family was shaken up after they heard that he died of asphyxiation.

Trust, refused comment on the lawsuit in a statement issued Wednesday.

Many details about how this could have occurred at a large retail outlet will hopefully emerge as a result of this wrongful death lawsuit. Did Wal-Mart have enough security in its store to make sure employees were safe? Were employees given adequate training about how to handle the large crowds especially on Black Friday when the number of people crowding stores like Wal-Mart is exceptional?

If Wal-Mart is determined to have been negligent in training its employees or providing them with adequate security then they will likely be held liable for the wrongful death of Jdimytai Damour. A wrongful death claim is typically filed in cases where there is evidence of negligence or wrongdoing on the part of a defendant that caused the plaintiff?s death. In such cases, defendants may make a claim for compensation to cover medical or funeral costs, loss of wages, pain and suffering and other damages.

Full post as published by New York Injury Talk Blog on January 26, 2009 (boomark / email).