Personal Injury Law

Wal-Mart Settlement In Black Friday Trampling

By Jane Akre

Black Friday Trampling

As a measure to avoid charges, Wal-Mart Stores has agreed to better control crowds, something it didn't do in its post-Thanksgiving Day stampede that left one man dead in a Valley Stream, Long Island store last year. 

In agreeing to conditions, the giant retailer avoids criminal prosecution and New York's Nassau County district attorney avoids having to try and prosecute the 2,000 shoppers who crammed into the store that morning. 

In addition to improved crowd control, Wal-Mart will donate $1.5 million to the community, provide 50 jobs every year to high school students, and will establish a $400,000 victims' compensation fund. 

Last November, 34-year-old Jdimytai Damour was trampled to death by early morning shoppers who stormed the store to take advantage of advertised sales.  

Damour, was a 6-foot-5 inch, 270-pound temporary worker who was hired through an employment agency for holiday work.

The medical examiner ruled he died of asphyxiation.

The three sisters and brother of Jdimytai Damour have filed a civil lawsuit against Wal-Mart.

"We're going to be suing Wal-Mart as well as the owner of the mall, the security company, and we're contemplating an action against the police and the county of Nassau, although we're waiting to see what our investigation fleshes out about their involvement," attorney Jordan Hecht told Fox News last December.

In agreeing to the settlement, Wal-Mart does not admit guilt or any wrongdoing and will have to bring in independent safety experts to review post-Thanksgiving security and planning in 92 New York stores for the next three years, or face the possibility of criminal charges. #

Full post as published by InjuryBoard on May 08, 2009 (boomark / email).