Family of trampled Wal-Mart employee to sue company
Man died after being crushed by Black Friday shoppers in New York
Last Updated: Wednesday, December 3, 2008 | 8:14 PM ET
The Associated Press
The family of a New York Wal-Mart employee trampled to death by shoppers on Black Friday filed a wrongful death lawsuit against the company Wednesday.
Jdimytai Damour, 34, died of asphyxiation after being crushed by a crowd of shoppers seeking bargains early on the morning of Nov. 28. Black Friday, the day after Thanksgiving in the U.S., is one of the busiest shopping days of the year in the country.
Damour's family claims Wal-Mart’s ads offering substantial discounts “created an atmosphere of competition and anxiety” that led to “crowd craze,” and that the company failed to provide adequate security for an early morning crowd of 2,000 shoppers.
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.”
The Green Acres Mall, a realty company that manages the property, and a security company hired to patrol it were all named as defendants in the suit, which was filed in New York State Supreme Court in the Bronx.
The family also plans to file lawsuits against the county and its police department, its lawyer said.
Wal-Mart issued a statement saying it would co-operate with local law enforcement officers 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."
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