(Adds Wal-Mart comments in the eighth and ninth paragraphs.)
By Chad Bray Of DOW JONES NEWSWIRES NEW YORK -(Dow Jones)- The family of a temporary worker killed during a stampede of shoppers at a Wal-Mart Stores Inc. (WMT) location on Long Island the day after Thanksgiving filed a wrongful-death lawsuit Wednesday against the company, the shopping center's operators and a security company.
The lawsuit, filed in New York State Supreme Court in the Bronx, alleged the death of Jdimytai Damour was caused by carelessness and reckless negligence on the part of Wal-Mart and others.
"The defendants and each of them 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 lawsuit said.
Damour, 34, was trampled when a crowd estimated at 2,000 people broke through the electronic doors at a Wal-Mart location in Valley Stream, N.Y., in search of bargains in the Friday predawn hours. Authorities have said an autopsy revealed Damour died of asphyxiation.
The complaint makes a litany of allegations, including that the defendants failed to provide adequate security, failed to account for overcrowding and failed to implement a crowd-management plan. The lawsuit was filed by Elsie Damour Phillipe, his sister, and the court-appointed administrator of his estate.
It also names Vornado Realty Trust (VNO), Green Acres Mall LLC and Securitas Services USA Inc. as defendants.
"We are saddened by the tragic occurrence, but we do not comment on pending or threatened litigation," a Vornado spokeswoman said Wednesday.
In a statement Wednesday, Hank Mullany, president of Wal-Mart's Northeast Division, said the company will continue to work with local law enforcement "so that together we can implement even stronger safety measures going forward." The company didn't directly address the lawsuit or the allegations in its statement.
"We consider Mr. Damour part of the Wal-Mart family, and are saddened by his death," Mullany 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."
Representatives of Green Acres and Securitas weren't immediately available to comment on Wednesday.
-By Chad Bray, Dow Jones Newswires; 212-227-2017; chad.bray@dowjones.com
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(END) Dow Jones Newswires
December 03, 2008 17:27 ET (22:27 GMT)

Publié le 03 Décembre 2008 Copyright © 2008 Dowjones